HomeMy WebLinkAbout13- Guinness Partners Preliminary Plat Findings of Fact and Order 2461592
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Charlotte Mills -- Gallatin County. MT MISC
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Returi1 To:
City of Bozeman-City Clerk
P.O. Box 1230
Bozeman, NIT 59771- 230
BEFORE THE BOZEMAN CITY COMMISSION
IN THE MATTER OF THE APPLICATION OF FINDINGS OF FACT
GUINNESS PARTNERS, INC. FOR PRELIMINARY PLAT AND ORDER
REVIEW OF THE LEGENDS AT BRIDGER.CREEK II,
PHASE 2 SUBDIVISION, 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 Code, public hearings were scheduled, after notice given, before the Bozeman
Planning Board on May 7, 2013,. and before the Bozeman City Commission on .Tune 3, 2013, on
the above-entitled application. The applicant presented to the City Commission a proposed
major subdivision preliminary plat to subdivide approximately 9.39+ acres into twenty six (26)
single household lots.
The application for preliminary plat includes one request for variance to the Unified
Development Code (UDC} from Section 38.24.060.8.4 "Level of Service” to allow the Level of
Service at the intersection of Story Mill Road and Bridger Drive to operate below the minimum
level of service allowed.
The purpose of the public hearings was to consider all relevant evidence relating to public
health, safety, and welfare, including the required supplemental information and
recommendation of the Planning Board, to determine whether the plat should be approved,
conditionally approved, or disapproved.
It appeared to the City Commission that all parties and the public wishing to appear and
comment were given the opportunity to do so, and therefore, being fully advised of all matters
having come before it regarding this application, the City Commission makes the following
Findings of Fact, as required:
The Legends at Bridger Cheek 11. Phase II Subdivision-Findings of Fact and Order 1
FINDINGS OF FACT
1.
The complete application for the preliminary plat review of the Legends at Bridger Creek
11, Phase 2 Subdivision was submitted to the City of Bozeman Department of Community
Development on March 8, 2013. The preliminary subdivision plat, as proposed, will subdivide
9.39± acres and create a major subdivision containing twenty six (26) single household lots with
an R lot for further development. The subject property is legally described as being a portion of
Tract 2 shown on film 12, page 825 records of Gallatin County situated Section 32, Township I
South, Range 6 East, PNIM, City of Bozeman, Gallatin County, Montana.
11.
A notice of public hearings before the City of Bozeman Planning Board and the Bozeman
City Commission was published in the Bozeman Daily Chronicle on April 7, 2013, and the
notice was posted at the site and mailed to all property owners within 200 feet of the subject
property and by certified mail, return receipt requested, to all adjoining property owners.
Ill.
The City of Bozeman Planning Board heard the matter of preliminary plat review of the
Legends at Bridger Creek 11, Phase 2 Subdivision on May 7, 2011 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 Department of Community Development Staff reviewed the project and the evidence
which justified the imposition of conditions, recommendations of the Development Review
Committee and local review agencies and the design of the major subdivision, requested variance
to the City of Bozeman Unified Development Code, phasing, zoning, existing infrastructure,
physical features, and provisions for parkland.
The Department of Community Development Staff reported that no formal public
comment had been received prior to the hearing in response to the noticing on the matter of this
preliminary plat application. Staff did receive several public comments following a public
meeting the subdivider had with the neighborhood prior to filing the preliminary plat application.
The comments were provided for the Planning Board's information. The comments primarily
regarded the pedestrian sidewalk in common open space 10. The comments were mixed, with
some in favor of the walkway and some opposed. The sidewalk is required to be constructed as
The Legends at Bridger Creek 11, Phase 11 Subdivision—Findings of Fact and Order 2
proposed to provide the primary pedestrian access to lots 30-38A located in Phase I of the
Legends at Bridger Creek II Subdivision, as these lots are located along an alleyway (Medicine
Wheel Lane) that does not have a pedestrian facility associated with it. This sidewalk also
connects to a midblock pedestrian crossing of Midfield Street that is required to provide
conformance to block length standards.
Matt Ekstrom with Morrison Maierle, Inc., representing Guinness Partners, Inc.,
discussed the design of the subdivision, alleyways, pedestrian facilities, parkland and open space
provisions, and the proposed variance,
IV.
The Planning Board then opened the public hearing portion for public comment on the
matter of the preliminary plat application. One member of the general public commented on the
pedestrian facility in common open space 10 and parking for the project.
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 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 considered the staff report and recommended conditions prepared by
the Community Development Department, Development Review Committee, and local review
agencies.
The Planning Board then discussed the applicant's requested variances to the Unified
Development Code, and justification of supporting the requested variances as outlined in the
staff report.
V1.
The Planning Board, having heard and considered public comment and the findings
presented in the staff report, found that with the recommended conditions, that the 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. R-13003.
V11.
The Legends at Bridger Creek 11, Phase 11 Subdivision-Findings of Fact and Order 3
The matter of the preliminary plat application for Legends at Bridger Creek IT, Phase 2
Subdivision was considered by the City Commission at a public hearing on June 3, 2013 at
which time the Department of Community Development Staff reviewed the project and
forwarded the Planning Board's recommendation of conditional approval in Planning Resolution
No. P-13003.
Matt Ekstrom with Morrison Maierle, Inc., representing Guinness Partners, Inc.,
discussed the design of the subdivision, alleyways, pedestrian facilities, parkland and open space
provisions, and the proposed variance.
VIII.
The public hearing portion was then opened to hear public testimony on the matter of the
preliminary plat application. Two members of the general public expressed concern with the
pedestrian facility design within common open space 10. Seeing no further public testimony, the
City Commission then closed the public comment portion on the matter of the preliminary plat
application.
IX.
The City Commission then considered the minutes of the Planning Board hearing,
Resolution of the Planning Board, Department of Community Development staff report, public
record, the applicant's testimony, and weighed the proposed subdivision against the primary
criteria for consideration of subdivisions established in 76-3-608, MCA and found as follows:
A. Primary Review Criteria
1. Effects on Agriculture
The site is located within a developed urban part of the City being and extension to the Legends
at Bridger Creek 11 Subdivision, Phase I and has no agricultural components that would be
impacted by the proposed 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 Northview Street and
Boylan Road rights-of-way. Sewer and water mains are proposed to be extended in the Midfield
Street right-of-way to serve all lots.
The Legends at Bridger Creek 11, Phase 11 Subdivision—Findings of Fact and Order 4
Police/Hire. 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. Extensions to Boylan Road are proposed to
accommodate the construction of Midfield Street to provide primary access to all lots. The
traffic study recommends the installation of dedicated turn bays at the intersection of Bridger
Drive and Northview Street to accommodate primary access to the subdivision . Engineering
staff recommends a condition to require that the turn bays be installed as recommended in the
traffic study for the Legends Phase 11 preliminary plat or financially guaranteed prior to filing of
the plat. No building permits will be issued until all improvements are installed and accepted.
Stormwater: The 26-lot subdivision was included in the Stormwater Master Plan reviewed and
approved by the City Engineer's Office for the original subdivision platted in 2007. No
significant site or grading changes are proposed as part of this subdivision application.
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 1 of the Legends at
Bridger Creek 11 Subdivision. The applicant proposes the construction of public sidewalk within
common open space to satisfy pedestrian connectivity to lots accessed by Medicine Wheel Lane
and to provide a mid block crossing across Midfield Street.
Utilities: All private utilities (electricity, gas, cable and phone utilities) are proposed in the
adjacent streets or within utility easements on the subject lots specified on the preliminary plat.
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
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
red-aces 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
'rhe Legeiids at Bridger Creek 11, Phase 11 Subdivision—Findings of Fact and Order 5
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:
a. Pursuant to Section 38,06,040.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 Community Development Director for the City Commission's consideration.
The City Commission may, at the written request of the developer, extend its approval for no
more than.one calendar year, except that the City Commission may extend its approval for a
period of more than one year if that approval period is included as a specific condition of a
written subdivision improvements agreement between the City Commission and the
developer,provided for in §38.41.060, BMC,
b. 38.02.050 - 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. 38.21.060,0.1 "Corner Lots"—The property owner's association documents shall provide
language stating that all comer 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 comer lots.
d. 38.23.030.1), comer lots shall have sufficient width to permit appropriate building setbacks
from both streets and provide acceptable visibility for traffic safety. Further, homes on
comer lots shall have the same orientation as homes on lots on the interior of the block,
unless otherwise approved through an overall development plan. Covenants shall contain
information regarding the orientation for all comer lots. The preliminary plat shall indicate
the orientation of all corner lots.
e. 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.
f. 3 8.23.0603 "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 Chapter 38, B.M.C. said easement shall apply. All utility easements shall be
noted on the Final Plat for each typical subdivision lot/block.
The Legends at Bridger Creek 11, Phase 11 Subdivision—Findings of Fact and Order 6
g, 38.23,120 - If mail will not be delivered 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, 38.25.020.A"Parking Dimensions"—The homeowners' association documents shall include
language stating the minimum provisions for one-stall and two-stall vehicle garages as
outlined by Section 38.25.020.A, BMC.
i. 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 locations 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 shall be a mulch ring Y- 4' in diameter around each newly planted
boulevard tree.
j. 38.26.070 "Landscaping of Public Lands" - Requires the subdivider to install irrigation, turf
grass and street trees on the portions of open space 10 adjacent to Boylan Road and
Northview Street. 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 be 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.
k. 38.27.090 "Waiver of Park Maintenance District—Prior to final plat approval, executed
waivers of right to protest the creation of special improvement districts (SIDs) for a park
maintenance district will be required to be filed and of record with the Gallatin County Clerk
and Recorder, unless already filed with annexation.
1. 3838.030 "Covenants" - Covenants, restrictions, and articles of incorporation for the
creation of a property owners' association shall be submitted with the final plat application
.for review and approval by the Planning Office and shall contain, but not be limited to the
following items: 1) the orientation and setbacks for corner lots, 2) all additional setbacks
required when lots are adjacent to pathway corridors and minor arterial roads, 3) provisions
for fences, 4)provisions for snow removal, maintenance and upkeep of all common areas,
public and private parks, trails, storm water runoff facilities, 5) guidelines that outline
architectural and landscape requirements for each individual lot and/or phase of the
subdivision, including placement of boulevard trees at a regular spacing for each residential
lot, 6) 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., 7) landscape details for detention ponds, outlet structures, boulevard trees, parkland,
irrigation, etc., 9) mitigation of groundwater with established floor elevations and "no
The Legends at Bridger Creek 11, Phase 11 Subdivision—Findings of Fact and Order 7
basement restriction", 9) architectural guidelines for residential character, porches,
fenestration treatment, placement of garages, boulevard trees, 10) noxious weed control, 11)
parking within residential structures, and 12) assessment of existing and future Special
Improvement Districts.
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 Community Development Department at least 30 working days
prior to submitting a final plat application. These documents shall be executed and submitted
with the initial final plat to be filed with the Gallatin County Clerk and Recorder at the time
of final plat recordation.
m, 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.
n, 38.39.030.8.2 "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
notice, construct within 30 days, said sidewalk for their lot(s), regardless of whether other
improvements have been made upon the lot."
o. 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 Community Development Department prior to Final Plat approval.
p. Irrigation System As-Builts - The developer shall provide irrigation system as-builts for all
irrigation installed in public rights-of-way and/or land used to meet parkland dedication
requirements or common open space areas 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 boxes.
q. The applicant shall 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.
r. The subdivider shall ensure that all construction materials 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.
s. 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.
t, 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 casements for adequate drainage ways within the subdivision to transport runoff
The Legends at Bridger Creek 11, Phase 11 Subdivision—Findings of Fact and Order 8
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.
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.
Any stormwater ponds located within a park or open space shall be designed and constructed
to be conducive to the normal use and maintenance of the open space, Stormwater ponds for
runoff generated by the subdivision (e.g., general lot runoff, public or private streets,
common open space, parks, etc.) shall not be located 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,
u. 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.
v. All infrastructure improvements including 1) water and sewer main extensions, and 2) public
streets, curb/gutter, sidewalks fronting parks, open space, rear yard frontages or other non-lot
frontages, and related storm drainage infrastructure improvements shall be financially
guaranteed or constructed prior to Final Plat approval.
City standard 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.
w. 'The location of existing water and sewer mains shall be properly depicted. Proposed main
The Legends at Bridger Creek 11, Phase 11 Subdivision—Findings of Fact and Order 9
extensions shall be noted as proposed.
x. Flood plain:
a) A Flood Plain Development Permit must be obtained from the City Engineer prior to any
work being conducted within the limits of the delineated 100 year floodplain.
b) The 100 year flood plain boundary and flood elevations must be depicted on the Final
Plat. Fill shall be placed in the location of the "gaps"' in the catch of the delineated
boundary to approximate the historic boundary.
y. The Montana Fish, Wildlife and Parks, Gallatin County Conservation District, Montana
Department of Environmental Quality and Army Corps of Engineer's shall be contacted
regarding the proposed project and any required pen-nits (i.e., 310, 404, Turbidity exemption,
etc.) shall be obtained prior to Final Plat approval.
z. 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.
aa. Project phasing shall be clearly defined including installation of infrastructure.
bb. 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.
cc. The applicant shall submit construction route map dictating how materials and heavy
equipment will travel to and from the site in accordance with section 38.39.020.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,
dd. All construction activities shall comply with section 38.39.020.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.
ee. All proposed private utilities to serve the subdivision shall be shown on the public
infrastructure plans and specifications.
ff. Water rights or cash-in-lieu thereof shall be provided in accordance with Sec. 38.23.180
BMC Prior to final plat approval.
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 were properly noticed, as required
by the Bozeman Unified Development Code. Based on the recommendation of the Development
Review Committee and other applicable review agencies, as well as the public testimony
received on the matter, the Planning Board forwarded a recommendation in a Resolution to the
City Commission.
E. Provision for easements for the location and installation of any planned utilities
The Legends at Bridger Creek 11, Phase 11 Subdivision-Findings of Fact and Order 10
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.
X.
After considering all matters of record presented at the public hearing, the City
Commission found that the requested variance to the City of Bozeman Unified Development
Code would comply with the variance criteria in Section 38.35.070, BC and 76-3-506, MCA
as justified in the Department of Community Development's staff report.
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-13003.
After further considering all matters of record presented at the public hearing the City
Commission found that preliminary subdivision plat for the Legends at Bridger Creek 11, Phase 2
Subdivision would comply with the primary review criteria, City of Bozeman Growth Policy,
requirements of the Bozeman Unified Development Code and the Montana Subdivision and
Platting Act if certain conditions were imposed. The evidence, as stated or referenced in this
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 Preliminary
Subdivision Plat of the Legends at Bridger Creek 11, Phase 2 Subdivision 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 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.
The Legends at Bridger Creek 11, Phase 11 Subdivision- Findings of Fact atid Order
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 Legends at Bridger Creek 11 property owners association for said
major subdivision. Any cost sharing agreements for maintenance shall be included with the
final plat.
4. The final plat shall contain the following notation on its face or in a document to be recorded
with the final plat:
"Ownership of all common open space areas and trails, and responsibility of maintenance
thereof and for city assessments levied on the common open space lands shall be that of the
property owner's association. Maintenance responsibility shall include, in addition to the
common open space and trails, all vegetative ground cover, boulevard trees and irrigation
systems in the public right-of-way boulevard strips along all external perimeter development
streets and as adjacent to public parks or other common open space areas. All areas within
the subdivision that are designated herein as common open space including trails are for the
use and enjoyment by residents of the development and the general public. The property
owner's association shall be responsible for levying annual assessments to provide for the
maintenance, repair, and upkeep of all common open space areas and trails. At the same
time of recording the final plat for each phase of the subdivision the subdivider shall transfer
ownership of all common open space areas within each phase to the property owner's
association created by the subdivider to maintain all common open space areas within
Legends at Bridger Creek, Phase H."
5. Documentation of compliance with the parkland dedication requirements of Section
38.27.020, BMC shall be provided with the final plat. A table showing the parkland
requirements for the subdivision and the method of meeting the parkland dedication shall be
included on the final plat, or other recordable document acceptable to the City of Bozeman.
This table shall include but not be limited to listing all dedicated parkland requirements,
parkland or parkland credits and areas not credited towards parkland (i.e., detention/retention
areas, watercourse setbacks, wetlands, common open space, parking facilities) and the total
area of each.
6. The applicant shall provide a minimum of .78 acres of dedicated parkland or equivalent
thereof with the major subdivision. This amount is calculated based on 26 single household
residential lots at 0.03 acres per dwelling of dedicated parkland.
7. The applicant recognizes it must meet the parkland requirements of Sect. 38.27.020, BMC.
The applicant also recognizes it seeks to use available parkland credits associated with the
dedicated parkland within Legends at Bridger Creek 11, Phase I including the dedicated city
park known as the "5 acre park" and should therefore participate in the maintenance of such
parkland. Therefore, the applicant shall, prior to final plat approval, work with the Legends at
Bridger Creek 11 Association to arrive at an agreed upon method to ensure the applicant and
any future property owner's association created for this subdivision (including all its phases)
The Legends at Bridger Creek 11, Phase 11 Subdivision—Findings of Fact and Order 12
succeeding in interest to the applicant contribute sufficient consideration to the Legends at
Bridger Creek 11 on an equitable basis for the maintenance and upkeep of existing publicly
dedicated parks and publicly accessible open space lands and trails located within the
Legends at Bridger Creek 11, Phase 1. Prior to final plat approval, the applicant shall provide
evidence that an agreed upon method has been established. The agreement may contain a
provision that should the City create a park maintenance district for maintenance of areas
subject to the agreement the agreement may terminate.
The property owner's association documents created for this subdivision shall include
provisions describing the agreed upon method of contribution to the Legends at Bridger
Creek 11 Association and binding property owners to contribute to the maintenance and
upkeep of dedicated parks and publicly accessible open space lands as required by the
agreement between the applicant and the Legends at Bridger Creek 11 Association. 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.
8. The final plat, property owner's association documents (POA), and park master plan may not
include any reference to "dedicated" open space and Public Park; rather if the areas
designated as such on the preliminary plat are to be common open space owned by the POA
or a park owned by the POA, or a combination thereof the plat, POA documents and park
master plan must specifically designate them as common open space owned by the POA, etc.
unless the applicant intends to dedicate public parkland within the subdivision.
9. The definition for "parks" in the homeowner's association documents shall not include
reference to any lands being conveyed to the City of Bozeman or reference to "Public Park",
unless public parkland is being dedicated with this major subdivision.
10. Document #2278593 filed at the Gallatin County Clerk and Recorder shall be amended to
remove reference to a 15' rear yard setback for lots 69-71 and 76 through 121 on page 6
section 5.6.
11. 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 provided will require written
confirmation from ALL utility companies providing service indicating that rear or side yard
easements are not needed.
12. The remainder of the Legends at Bridger Creek 11, Phase 2 of Tract 2 of Film 12 (page 825)
shall be platted as an undevelopable lot in accordance with Section 38.39.080.B.6 BMC, with
the following language placed on each undevelopable lot of the final plat "Lot development
subject to further subdivision review." No public improvements shall be required for the
undevelopable lot until it is subdivided as a lot which is not subject to this restriction. This
language shall. be placed on the face of the plat or in a separate executed document to be
recorded with the final plat: "NOTICE IS HEREBY GIVEN to all potential purchasers of Lot
R, of the Legends at Bridger Creek 11 Subdivision Phase 2, City of Bozeman, Gallatin
County, Montana, that the final plat of the subdivision was approved by the Bozeman City
Commission without completion of on and off site improvements required under the
Bozeman Municipal Code, as is allowed in Chapter 38.39 of the Bozeman Municipal Code.
As such, this Restriction is filed with the final plat that stipulates that any use of this lot is
subject to further subdivision, and no development of this lot shall occur until all on and off
Tlie Legends at Bridger Creek 11, Phase 11 Subdivision—Findings of Fact and Order 13
site improvements are completed as required under the Bozeman Municipal Code.
THRERFORE, BE ADVISED, that Building Permits will not be issued for Lot R, of the
Legends at Bridger Creek 11 Subdivision Phase 2, City of Bozeman, Gallatin County,
Montana until all required on and off site improvements are completed and accepted by the
City of Bozeman. No building structure requiring water or sewer facilities shall be utilized
on this lot until this restriction is lifted. This restriction runs with the land and is revocable
only by further subdivision or the written consent of the City of Bozeman."
13. The sidewalks and trails within greenspace corridors shall be installed within public access
easements.
14. Temporary cul-de-sacs shall be provided at the end of any dead end street longer than one lot
deep that is created by phasing.
15. All rights of way that contain City utilities must be a minimum of 30' wide, and cannot
contain other utilities.
16. Unless a variance is approved by the Commission, all improvements necessary to provide
adequate level of service at the analyzed intersections must be installed or financially
guaranteed prior to filing of the flat. No building permits will be issued for a phase until all
improvements required for the phase are installed and accepted. Approval must be obtained
from the Montana Department of Transportation for all improvements along Bridger Drive.
17. The dedicated turn bays at the intersection of Bridger Drive and Northview Street
recommended in the traffic study for the Legends Phase 11 preliminary plat must be installed
or financially guaranteed prior to filing of the plat. No building permits will be issued until
all improvements are installed and accepted.
18. The open space 410 sidewalk shall be moved away from the property lines in the open space
subject to compliance with ADA and any other applicable laws.
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, MCA. The preliminary approval
of this subdivision shall be effective for three (3) years from the date of the signed Findings of
Fact and Order approval. At the end of this period the City may, at the request of the subdivider,
grant individual extensions to its approval by the Community Development Director for a period
of not more than two years, or for more than two years by the City Commission,
The Legends at Bridger Creek 11, Phase 11 Subdivision-Findings of Fact and Order t4
DATED this day of , 2013.
BOZEMAN CITY COMMISSION
SEAN BECKER, Mayor
ATTEST: O" ar APPROVED AS TO FORM:
ST Y ,: , C fy+ L rl .� EG LLIVAN, ity Attomey
M
The Legends at Bridger Creek ]I, Phase 11 Subdivision—Findings of Fact and Order
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