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HomeMy WebLinkAbout4 Kagy Garden Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Tom Rogers, AICP Wendy Thomas, Director of Community Development SUBJECT: Kagy Garden Minor Subdivision Preliminary Plat P13020 Findings of Fact and Order MEETING DATE: October 7, 2013 AGENDA ITEM TYPE: Consent RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the Kagy Garden Minor Subdivision Preliminary Plat Application with Variance. BACKGROUND: On August 26, 2013, the City Commission held a public hearing on an application for preliminary plat approval for the Kagy Garden Minor Subdivision. The Commission approved the proposed subdivision and variance 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 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 and Order as drafted. 2) Approval of the Findings of Fact and Order 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 at the time of issuance of building permits for individual lots along with City sewer and water connection fees. Attachment: Findings of Fact and Order Report compiled on: September 27, 2013 16 The Kagy Garden Minor Subdivision – 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 PANACHE PROPERTIES, LLC FOR PRELIMINARY PLAT REVIEW OF THE KAGY GARDEN MINOR SUBDIVISION WITH VARIANCE FROM REQUIRED WETLANDS SETBACKS, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA FINDING OF FACT AND CONCLUSIONS OF LAW 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 Wetlands Review Board on July 24, 2013, and before the Bozeman City Commission on August 26, 2013, on the above-entitled application. The applicant presented to the City Commission a proposed preliminary plat to subdivide two (2) existing lots containing 2.7172-acres to create five (5) single household residential lots. 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 Wetlands Review 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: 17 The Kagy Garden Minor Subdivision – Findings of Fact and Order 2 FINDINGS OF FACT I. The complete application for the preliminary plat review of The Kagy Garden Minor Subdivision was submitted to the City of Bozeman Department of Community Development on June 24, 2013. The preliminary subdivision plat, as proposed, will subdivide 2.7172-acres and create a minor subdivision containing five (5) single household residential lots for development. The subject property is legally described as described as the Southeast One-Quarter (SE ¼) of Section 18, Township Two South (T2S), Range Six East (R6E), City of Bozeman, Gallatin County, Montana. The property is generally located northwest of the corner of Kagy Boulevard and Sourdough Road. II. A notice of public hearing before the City of Bozeman City Commission was published in the Bozeman Daily Chronicle on Sunday, August 11, 2013. The site was posted with a public notice on August 8, 2013. Public notice was sent to adjacent property owners via certified mail, return receipt requested, and to all other property owners of record within 200 feet of the subject property via first class mail, on August 8, 2013. III. 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 minor subdivision, zoning, existing infrastructure, physical features, and variance request. The Department of Community Development Staff reported that three public comments had been received prior to the hearing in response to the noticing on the matter of this preliminary plat application and were entered into the record. IV. Pursuant to the review authority established by Section 38.34.010, Bozeman Municipal Code (BMC), the Wetlands Review Board (WRB) met on July 24, 2013 to review wetland related submittal materials, prepare functional assessments of regulated wetlands that may be impacted by proposed regulated activities, evaluate the impacts proposed regulated activities 18 The Kagy Garden Minor Subdivision – Findings of Fact and Order 3 may have on delineated wetlands and to provide wetlands protection, mitigation and/or enhancement recommendations regarding such proposals. Based on the information provided by the applicant, comments received from Matt Hausauser, C&H Engineering, and Lynn Bacon TerrQuatics, LLC the WRB assessed the condition of the wetlands and the existing conditions on the subject property. The WRB considered the slope, existing vegetation, surrounding typography, proximity to hydrologic features and the intent of the Regulations and location of the development in their discussion. Numerous suggestions to maintain wetland and watercourse health were presented and discussed. The WRB, with feedback from the Applicant, determined the most effective means to protect the integrity of the wetlands and water quality and create functional development areas for the subdivision made the following suggestions: 1. Subdivider to provide a 10 foot setback from the top of the bank of Lots 2-5 and extend to where the 10 foot setback intersects with elevation 4910 on Lot 1; at the point of intersection the required 75 foot watercourse setback applies for the remainder of Lot 1. Applicant will modify the Preliminary Plat to accurately show the setback on the face of the Plat. In addition, the location of setback on Lot 1 will be marked in a manner to insure no construction disturbance will occur in the recommended setback area. The suggested setback effectively creates a 30-foot setback from the edge of the delineated wetland, with the exception of Lot 1 where the 75-foot watercourse setback applies, generally. 2. To protect the integrity of the banks of the slope require the Subdivider to construct a wildlife friendly barrier or fence to mitigate potential disturbance of the slope by residents of the development. Strict construction Best Management Practice (BMP’s) to be in place and enforced. 3. Require lot owners to construct a subsurface retention/detention facility to provide water recharge and accommodate surface water runoff caused by the construction of impermeable surfaces on each Lot to be constructed by the Lot owner. The subsurface storm water management system replaces the proposed individual water retention ponds proposed by the Applicant. 4. With the no vegetation disturbance within the 10 foot setback area there will be minimal impacts to slope or vegetation on the slope. 19 The Kagy Garden Minor Subdivision – Findings of Fact and Order 4 Based on the aforementioned suggested conditions of approval the WRB found that the Applicant mitigated potential negative impacts caused by the subdivision and recommended the City Commission grant the Applicants variance request for setback requirements from jurisdictional and non-jurisdictional wetlands. V. The matter of the preliminary plat application for the Kagy Garden Minor Subdivision was considered by the City Commission at a public hearing on August 26, 2013 at which time the Department of Community Development Staff reviewed the project and forwarded the Wetlands Review Board’s recommendation of conditional approval of the variance request. Mark Chandler with C&H Engineering and Surveying, Inc., representing Panache Properties, LLC, discussed the design of the subdivision, the wetland setback request, storm water retention design and indicated the applicant’s agreement with the recommended conditions of approval. VI. The public hearing portion was then opened to hear public testimony on the matter of the preliminary plat application. Four members of the general public commented on the project including one property owner. Comment was both for and against the proposed subdivision. Comment in opposition focused on water quality while a comment in support suggested storm water retention and detention facilities are more than sufficient. Seeing no further public testimony, the City Commission then closed the public comment portion on the matter of the preliminary plat application. VII. The City Commission then considered the minutes of the Wetlands Review Board meeting, 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 N/A. The subject property is located in a previously developed urban area. 2. Effects on Agricultural Water User Facilities 20 The Kagy Garden Minor Subdivision – Findings of Fact and Order 5 N/A. There are no agricultural water user facilities on this property. 3. Effects on Local Services Water/Sewer – Municipal water and sewer mains exist in the adjacent street right-of-ways. An 8- inch water main will connect to the existing 14-inch main on the south side of Kagy Boulevard and dead end at the northern end of the Cul-de-sac. The City Engineering Department has reviewed the plans. Sanitary sewer service will be provided by the City of Bozeman. An 8-inch PVC sanitary sewer main will connect to the existing 8-inch main below Kagy Boulevard. The City Engineering Department has reviewed the plans. Streets – The Development Review Committee has determined that the adjacent streets have capacity to accommodate this development. A new cul-de-sac will be constructed that will use an existing access point to Kagy Boulevard. The cul-de-sac will be constructed to local street standards and will include a 5-foot wide sidewalk and a 7-foot wide boulevard. Road maintenance for all streets will be provided by the City of Bozeman after improvements have been accepted by the City. Stormwater runoff will be controlled on site by a retention facility constructed at the southwest corner of the property as shown on the preliminary plat. Pursuant to Section 38.24.A.9, BMC, Cul-de-sacs are generally prohibited. The review authority may consider and approve the installation of a cul-de-sac only when necessary due to topography, the presence of critical lands, access control, adjacency to parks or open space, or similar site constraints. Numerous site constraints are present with this subdivision including topography, wetlands and Bozeman Creek, and the limited connectivity to the existing street network. 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 emergency response to the site. 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 as part of the site plan for this development. Parklands - No parkland or cash donation in-lieu of land dedication for this subdivision. A first minor subdivision is exempt from providing parkland pursuant to Section 38.27.020.B, BMC. 4. Effects on the Natural Environment The buildable area is relatively flat minimizing geologic hazards. There are however, steep slopes beyond the building pad area sloping into the wetlands and floodplains on the subject property. The required setbacks mitigate hazards associated with the property. The buildable area on the fill pad is vegetated. The only identified critical plant communities are associated with the wetland vegetation which has been addressed above and mitigated with the proposed wetland setback. Noxious weeds are present and being controlled by the required Noxious Weed Management Plan. In addition, there is ongoing performance measure required with the Weed Management Plan to insure control of noxious weeds on site. 21 The Kagy Garden Minor Subdivision – Findings of Fact and Order 6 5. Effects on Wildlife and Wildlife Habitat There are no known endangered species or critical game ranges on site. The Bozeman Creek drainage and associated habitat provides a corridor for animal movement although the buildable area is above and set apart from the habitat. In addition, the 75 foot water course setback in conjunction with the wetland setbacks provides protection from the more productive habitat area. Finally, the Montanan Department of Fish Wildlife and Parks has reviewed the preliminary plat and had no comment on the proposal. Therefore, there are minimal impacts to wildlife or wildlife habitat with this project. 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 Development Review Committee which has determined that it is in general compliance with the title. Any other conditions deemed necessary to ensure compliance were noted within the staff report. All subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, Mont. Code Ann. As a result, the Department of Community Development reviewed the preliminary plat against the listed criteria and further provided 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 UDC and shall be addressed with the final plat application: 1. Pursuant to Section 38.03.040.A.5(f), conditional approval of the preliminary plat shall be in force for not more than one calendar year. Prior to that expiration date, the applicant 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 applicant, extend its approval for a mutually agreed upon time. More than one extension may be requested for a particular subdivision. Each request shall be considered on its individual merits as provided for in Section 38.03.040.A.5(g), BMC. 22 The Kagy Garden Minor Subdivision – Findings of Fact and Order 7 2. Pursuant to Section 38.03.060.A.1, 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 has been satisfactorily addressed, and specifically (tab, page, paragraph, etc.) where this information can be found. 3. Pursuant to Section 38.23.060.A, all easements, existing and proposed, shall be accurately depicted and addressed on the final plat and in the final plat application. 4. Pursuant to Section 38.27.090, 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. 5. Section 38.41.050.A.8 requires that any noxious weeds be identified and mapped by a person with experience in weed management and knowledgeable in weed identification. A noxious weed management and revegetation plan, approved by the County Weed Control District, shall be submitted with the final plat. 6. When applicable, the final covenants, conditions, restrictions and easements shall be submitted with the final plat application for review and approval by the Planning Department and shall contain, but not be limited to, the provisions required in Section 38.38.020, BMC. 7. Pursuant to Section 38.39.010., if it is the developer’s intent to file the final plat prior to installation, certification, and acceptance of all required improvements by the City of Bozeman, an Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all improvements in accordance with the Preliminary Plat submittal information and conditions of approval. If the final plat is filed prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150 percent of the cost of the remaining. D. Compliance with the local subdivision review procedures provided in Part 6 of the Montana Subdivision and Platting Act A subdivision pre-application was submitted on February 8, 2013. The pre-application was reviewed by the DRC on March 13, 2013 and summary review comments were forwarded to the applicant in preparation of the preliminary plat application and granted numerous supplemental information waivers under 38.41.060, BMC. A complete preliminary plat application was submitted on June 24, 2013 and deemed acceptable for initial review on July 3, 2013. The preliminary plat was reviewed by the DRC on July 17, 24, and 31, 2013. On July 24, 2013 the DRC, WRB, and Staff determined the submittal contained detailed, supporting information that is sufficient to allow for the review of the proposed subdivision. On July 24, 2013 the Wetlands Review Board met and considered the Applicant’s request for a variance from wetlands setback requirements. Both the WRB and the DRC provided favorable recommendation was forwarded for consideration by the City Commission. 23 The Kagy Garden Minor Subdivision – Findings of Fact and Order 8 Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday, August 11, 2013. The site was posted with a public notice on August 8, 2013. Public notice was sent to adjacent property owners via certified mail, and to all other property owners of record within 200 feet of the subject property via first class mail, on August 8, 2013. One comment letter was received by the Community Development Department on August 12, 2013. The comment letter is attached to this report in Appendix G. On August 15, 2013 this minor subdivision staff report was drafted and forwarded with a recommendation of conditional approval by the Planning Director for consideration by the City Commission. The City Commission is scheduled to make a final decision at their August 26, 2013 public hearing. The final decision for a First Minor Subdivision from a Tract of Record Preliminary Plat must be made within 35 working days of the date it was deemed complete or in this case by September 18, 2013. 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. F. Provisions of legal and physical access to each parcel All of the proposed lots have frontage to the Panache Court with lot frontage meeting minimum standard shown on the preliminary plat. In addition, as stated in Appendix A, No.6, a one foot no access strip shall be placed along the southern boundary of any lots that abut Kagy Boulevard to prohibit direct access to this arterial roadway pursuant to Section 38.24.090, BMC. VIII. The City Commission considered the Applicants request for a variance from Section 38.23.100.A, BMC, wetlands setbacks requirements. The criteria for granting zoning variances under Section 38.35.060 apply. In acting on an application for a variance, the review authority shall designate such lawful conditions as will secure substantial protection for the public health, safety and general welfare, and shall issue written decisions setting forth factual evidence that the variance meets the standards of MCA 76-2-323 in that the variance: 1. Will not be contrary to and will serve the public interest; The Commission found there was sufficient supporting evidence and documentation to grant the variance request. The Applicant provided detailed and supporting evidence to show the public interest would be served in Appendix C of the Applicant Submittal. In addition, based on the underlying zoning classification R-1 (Residential Single Household Low Density), review by the DRC and WRB, and utilization of municipal services granting the wetlands setback variance will not be contrary to the public interest. The Bozeman Community Plan identify this area for residential development and the property was zoned R-1 District. 24 The Kagy Garden Minor Subdivision – Findings of Fact and Order 9 Finally, the Commission found the recommendation from the DRC and WRB and adopted their findings and recommendations which included conditions of approval to modify the Applicants requested setback to better mitigate impacts on the wetlands and employ Best Management Practice during construction activities and identify the setback area on the face of the plat ameliorated any remaining concerns that the proposed subdivision will cause adverse impacts on the wetlands. 2. Is necessary, owing to conditions unique to the property, to avoid an unnecessary hardship which would unavoidably result from the enforcement of the literal meaning of this chapter; and The subject property was altered by Montana Department of Transportation during the construction of Kagy Boulevard. Cut and fill were moved and deposited in the area creating the steep slopes between the wetlands and the building area of the subdivision creating the unique topography. The Applicant provided supporting evidence and documentation in granting the required variance in a letter dated June 19, 2013 and is included in the Applicant Submittal under Appendix C. Analysis provided in the Applicant Submittal, Appendix B, show the comparison of buildable area with and without the standard and proposed setback areas. As suggested by the WRB and agree to by the Applicant the agreed to setback of 10- feet from the top of the bank will decrease the buildable area of each lot. 3. Will observe the spirit of this chapter, including the adopted growth policy, and do substantial justice; The mitigation provided and agreed to by the Subdivider insures a quality environmental while allowing both the Applicant and the City of Bozeman to develop according to the Bozeman Plan and the zoning classification. The proximity of the development to the Central Business District will not overburden the transportation network and the additional density will help offset the costs of current and future infrastructure. Therefore, substantial justice is achieved by granting the requested variance. 4. In addition to the criteria specified above, in the case of a variance relating to the flood hazard provisions of article 31 of this chapter: There are no flood hazard provisions being requested. All construction is required to be at least 2-feet above the base food elevation. In addition no construction or disturbance is being proposed within the 75-foot stream setback area. In conclusion the Commission found that requested variance will not be contrary to and will serve the public interest, is necessary, owing to conditions unique to the property, to avoid an unnecessary hardship which would unavoidably result from the enforcement of the literal meaning of this chapter, will observe the spirit of this chapter, including the adopted growth 25 The Kagy Garden Minor Subdivision – Findings of Fact and Order 10 policy, and do substantial justice, and the requested variance is not relating to the flood hazard provisions of article 31 of this chapter and approved the variance request subject to conditions. IX. After considering all matters of record presented at the public hearing, the City Commission found that preliminary plat for The Kagy Garden Minor 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 Kagy Garden Subdivision be approved, subject to the following conditions: 1. Section 38.28.060.A.3 requires a sign permit to be obtained prior to establishing a subdivision identification sign or other permanent sign. 2. Section 38.39.030 requires that the applicant shall provide for private improvements certification by the architect, landscape architect, engineer and other applicable professionals that all improvements including, but not limited to landscaping, ADA accessibility requirements, private infrastructure, or other requirement elements were installed in accordance with the approved site plan, plans and specifications. For your information. This will be required prior to occupancy following construction. 3. The final plat shall conform to all requirements of the Bozeman Municipal Code (BMC) 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 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 BMC or State law. 4. 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 26 The Kagy Garden Minor Subdivision – Findings of Fact and Order 11 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. 5. The final plat shall provide all necessary utility easements and shall be described, dimensioned and shown on 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. 6. Section 38.26.070 “Landscaping of Public Lands” – Installation by the developer of vegetative ground cover, boulevard trees, and irrigation system in the public right-of-way boulevard strips along all external perimeter development streets or other open space areas is required with the final plat application. 7. All construction activities shall comply with section 38.39.020.A.2 of the Unified Development Code. 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. 8. 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 public streets and all lots must be provided to and approved by the City Engineer. The master plan must depict the maximum sized retention/detention 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 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. 9. 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 27 The Kagy Garden Minor Subdivision – Findings of Fact and Order 12 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 will be issued prior to substantial completion and City acceptance of the required infrastructure improvements unless all of the requirements of section 38.39.030.D Unified Development Code are met to allow for concurrent construction. 10. 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 plat and in the covenants for the subdivision. 11. The location of existing water and sewer mains shall be properly depicted. Proposed main extensions shall be noted as proposed. 12. A Stormwater Management Permit (SMP) must be submitted and approved by the City Engineer prior to construction of public infrastructure improvements. The SMP requires submittal of an application form, a stormwater management plan, and payment of fees in compliance with the city’s stormwater management ordinance #1763. The SMP is independent of any other stormwater permitting required from the state of Montana and does not fulfill the requirement to obtain a general permit for stormwater discharges associated with construction activity if required under state rules. 13. Water mains longer than 500’ in length shall be looped. 14. Easements and R/W located on and adjacent to the site shall be depicted and labeled appropriately. Distinction between proposed and existing easements shall be made. 15. Water and sewer mains and services shall maintain a minimum horizontal separation of 10’ from landscape trees and lot lighting improvements. 16. 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. 17. 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, etc.) shall be obtained prior to construction. 18. 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 28 The Kagy Garden Minor Subdivision – Findings of Fact and Order 13 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. 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. DATED this ________day of , 2013. BOZEMAN CITY COMMISSION SEAN BECKER, Mayor ATTEST: APPROVED AS TO FORM: STACY ULMEN, City Clerk GREG SULLIVAN, City Attorney 29