HomeMy WebLinkAbout13- Homes at Bridger Peaks Estates Major Subdivision Preliminary Plat 1 of 2471374 12 1 3 Q4:26:31 PM ree $IQ5.00 Mills -1Gallatin Coun Y� MT misc
City of Bozeman-City Clerk
P.O. Box 1230
Bozeman, NIT 59771-1230
BEFORE THE BOZEMAN CITY COMMISSION
IN THE MATTER OF THE APPLICATION OF THE FINDINGS OF FACT
HOMES AT BRIDGER PEAKS ESTATES MAJOR AND ORDER
SUBDIVISION PRELIMINARY PLAT, 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 Municipal
Code, public hearings were scheduled, after notice given, before the Bozeman Planning Board on
September 17, 2013, and before the Bozeman City Commission on October 7, 2013, on the
above-entitled application. The applicant presented to the City Commission a proposed
preliminary plat to subdivide two platted lots containing approximately 1.9 acres into 10 lots and
one open space parcel (for stormwater management) for property located at the northeast comer
of West Babcock Street and Meagher Avenue.
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 the application, the City Commission makes the following
Findings of Fact, as required:
Homes at Bridger Peaks Estates Major Subdivision -Findings of Fact and Order
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FINDINGS OF FACT
1.
The complete application for the preliminary plat review of the Homes at Bridger Peaks
Estates Major Subdivision was submitted to the City of Bozeman Department of Community
Development on August 7, 2013. The preliminary subdivision plat, as proposed, will subdivide
1.9± acres and create a major subdivision containing ten (10) lots for residential single household
development. The subject property is legally described as Lots 3 & 8, Block 13A of Bridger
Peaks Estates Subdivision, Phase 3 located in the NE '14 of Section 10, T2S, R5E, PMM, City of
Bozeman, Gallatin County, Montana.
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 September 1, 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 on
August 29, 2013.
The City of Bozeman Planning Board heard the matter of preliminary plat review of the
Homes at Bridger Peaks Estates Major Subdivision on September 17, 2013. The Planning Board
found that the application was properly submitted and reviewed under the procedures of the City
of the Unified Development Code, Chapter 38, Bozeman Municipal Code.
The Department of Community Development and Engineering Staff reviewed the project
and the evidence which justified the imposition of conditions, recommendations of the
Development Review Committee and local review agencies, the design of the major subdivision,
zoning, the request for cash-donation in-lieu of land dedication for parkland, existing
infrastructure, parking and access provisions, proposed stormwater management and the
irrigation ditch that crosses the property.
The Department of Community Development Staff reported that one public comment
letter had been received prior to the hearing in response to the noticing on the matter of the
preliminary plat application expressing concerns with the design of the proposed retention area.
Homes at Bridget,Peaks Estates Major Subdivision- Findings of Fact and Order
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Kira Ogle, applicant representative, addressed the irrigation ditch issue and the design of
the subdivision.
Mike Stenberg, applicant's Engineer, addressed the stormwater design and their proposed
irrigation ditch improvements.
IV.
The Planning Board then opened the public hearing portion for comment on the matter of
the preliminary plat application. Five members of the general public spoke with concerns
regarding the density of the proposed subdivision, water from the irrigation ditch, traffic impacts
to Meagher Avenue, parking, the future value of homes and the design and soils for the proposed
stormwater facility. The applicant's representatives responded to the various questions that the
public had asked.
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 Municipal 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.
VI.
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 7-0 to
forward a recommendation of conditional approval to the Bozeman City Commission for the
preliminary plat as set forth in Planning Resolution No. P13026.
VII,
The matter of the preliminary plat application for the Homes at Bridger Peaks Estates
Major Subdivision was considered by the City Commission at a public hearing on October 7,
Hones at Bridger Peaks Estates Major Stibdivisioii—Findings of Fact and Order
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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. P13026.
Kira Ogle, applicant representative, provided a brief overview of the project and
addressed the irrigation ditch and proposed stormwater facility. She indicated they would like the
Commission to strike Engineering Condition #10 regarding requiring approval of the governing
ditch/irrigation company prior to the ditch improvements being undertaken since there is not a
ditch company that will claim responsibility for the facility. The City Commission and
Engineering and Legal staff reviewed the current code language regarding irrigation facilities
that requires the applicant's Engineer to certify that the water entering and exiting a realigned or
relocated irrigation facility is the same quality and amount of water that entered or exited the
facility prior to realignment or relocation.
Vill.
The public hearing portion was then opened to hear public testimony on the matter of the
preliminary plat application. Five members of the general public provided oral testimony on the
matter of the preliminary plat regarding the proposed stormwater facililty/soil suitability,
water/flooding from the irrigation ditch, the appearance of the subdivision, parking and traffic
concerns. 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 subject property is designated as "Residential" according to the City of Bozeman
Community Plan. The subject property is zoned for residential development and is not in
agricultural production. Therefore, this subdivision will not have adverse effects on agriculture.
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2) Effects on Agricultural Water User Facilities
There is an existing irrigation facility (ditch) and easement located on the southwest
comer of the subject property. The applicant is proposing to straighten the facility to get it within
the existing irrigation easement and enhance it to provide flood control and bank stabilization to
protect the proposed development and existing neighboring structures. Future structures will be
constructed at a conservative distance from the ditch. Currently the ditch flows beyond the
boundaries of the ditch easement. The improvements identified for the ditch are beyond the
jurisdiction of the City of Bozeman and City code requires that the applicant's Engineer certify
that the water entering and exiting a realigned or relocated irrigation facility is the same quality
and amount of water that entered or exited the facility prior to realignment or relocation. The
City Commission also amended condition#10 to require that the applicant's Engineer certify that
the work on the irrigation ditch will not (more) adversely affect the neighbors.
3) Effects on Local Services
Water/Sewer—Municipal water and sewer mains exist in the adjacent street right-of-ways. The
applicant has provided the necessary water and sewer design report for review by the
Water/Sewer and Engineering Departments.
Final approval of the water distribution system and sewage collection/disposal system will be
obtained through normal approval procedures of preliminary and final plat review by the
Engineering Department, Superintendent of Water/Sewer, and Montana Department of
Environmental Quality.
Streets — The Development Review Committee has determined that the adjacent streets have
capacity to accommodate this development. The proposed subdivision is bound by W. Babcock
Street (collector) to the south, Meagher Avenue (local) to the west and Broadwater Street (local)
to the north. All three roads have been previously improved to the City's street standards
(including the installation of sidewalks). The proposed subdivision improvements will include
the installation of an internal alley maintained by the property owners association. As noted in
condition 9, there shall be no public street signage or notes on the plat delineating it as a road or
public/private street. A public access easement shall be recorded with the plat allowing public
access over the dedicated alley. At the suggestion of the Fire Department, the applicant has also
incorporated no parking provisions into the proposed alley design. This includes painting the
Homes at Bridger Peaks Estates Major Subdivision— Findings of Fact and Order
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curb red/no parking and providing signage as approved by the Fire Department. The applicant
has also included language in the property owner's association documents prohibiting parking of
vehicles or storage of any materials within the alley in order to assure emergency service
provisions.
Staff has made the finding that no offsite street improvements are necessary for the subdivision.
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 Engineering Department prior to
filing the final plat to facilitate emergency response to the site.
Stormwater — The applicant submitted a preliminary design report for stormwater management
for review by the Engineering Department. 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 prior to final plat approval.
Parklands — As a challenging infill development project, the applicant and staff worked on a
number of different development proposals which initially tried to incorporate the required .30
acres of parkland into the site design. The small size of this property simply did not allow this
parkland to be accommodated on site and severely limited the development options for the
property. Therefore, the applicant proposed to utilize the "cash donation in-lieu of land
dedication"provisions in the code in order to address the .30 acres of parkland required with this
project. The Parks and Recreation Advisory Board and the Development Review Committee
supported this proposal due to the small infill nature of this project and its proximity to other
existing park facilities. Condition 4 addresses the procedure to provide this cash-in-lieu of land
dedication as part of the final plat process.
4) Effects on the Natural Environment
No significant physical or topographical features have been identified, (e.g., outcroppings,
geological formations, steep slopes), on the subject property. Provisions will be made to address
the control of noxious weeds and maintenance of the property and will be further addressed by
inclusion in the protective covenants and compliance with the recommended conditions of
approval.
5) Effects on Wildlife and Wildlife Habitat
There are no key wildlife species or known key wildlife habitats existing on the property.
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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 have been noted throughout
the staff report. In addition, all subdivisions must be reviewed against the criteria listed in 76-3-
608.3.b-d, M.C.A. and as a result, the Development Review Committee and Department of
Community Development have reviewed the preliminary plat 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 preliminary plat has been prepared in accordance with the survey requirements of the
Montana Subdivision and Platting Act by a Professional Engineer registered in the State of
Montana. As noted in condition #1, the final plat must comply with State statute and the
Bozeman Municipal Code.
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 Municipal Code (BMC) and shall be
addressed with the final plat application:
a. Pursuant to Section 38.03.040.A 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. As a single-phased
subdivision, conditional approval of the preliminary plat for the I-Tomes at Bridger Peaks Estates
Major Subdivision shall in be force for two years. Prior to that expiration date, the developer
may submit letter of request for the extension of the period to the Community Development
Director with each request considered on its individual merits and consideration of the criteria
provided in 38.03,040.A BMC.
Homes at Bridger Peaks Estates Major Subdivision—Findings of Fact aiid Order
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a. Final plats shall contain the applicable language for all certificates listed in Sections
3 8.0 6.02 0 through 3 8.0 6.110 BMC,
b. 38.23.050 BMC "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.
c. 38.23.060.13 BMC "Private Utilities"—The final plat and property owners' association
documents shall contain a note stating that if a utility easement is greater than the building
setback required by Chapter 38, BMC 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,
d, 38.23.080.D BMC "Stormwater retention/detention facilities"— Stormwater retention or
detention ponds must be constructed and contained on an individual lot as a common area and
shall be maintained by the property owners association and noted accordingly in the protective
covenants.
e. Section 38.23.080.H BMC "Stormwater retention/detention facilities"— Stormwater
retention/detention facilities in landscaped areas shall be designed as landscape amenities. They
shall be an organic feature with a natural, curvilinear shape. The facilities shall have 75 percent
of surface area covered with live vegetation appropriate for the depth and design of the
retention/detention facility, and be lined with native grasses, indigenous plans, wet tolerant plant
types and groupings of boulders to create a functional, yet natural site feature. A cross section
and landscape detail of each facility shall be submitted with the final landscape plan for review
and approval. Facilities with a slope up to and including a ten percent grade may be grassed and
irrigated to blend into the adjacent landscaped area.
f 38.23.120 BMC - 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
plow any mail delivery area constructed within a City right-of-way.
g. 38.26.050.E BMC "Street Frontage"— The property owners' 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 is required 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.
Homes at Bridger Peaks Estates Major Stibdivision—Findings of Fact ai)d Order
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h. 38.26,070 BMC "Landscaping of Public Lands" - Requires the subdivider to install
irrigation, turf grass and street trees on all external streets. 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 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.
i. 38.38.020 and 38.38.030 BMC "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 Department of Community Development. These
covenants shall contain, but not be limited to, the following items: 1) provisions for snow
removal, 2) guidelines that outline architectural and landscape guidelines for each individual lot
and/or phase of the subdivision, including placement of boulevard trees, 3) common area
maintenance provisions including landscape details and maintenance provisions for boulevard
irrigation and trees, 4) noxious weed control, and 5) 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.
j. 38.39.030 BMC "Completion of Improvements" - If it is the developers 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,
k. 38.39.030.8.2 BMC "Sidewalks"—The final plat and property owners' 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."
1. 38.41.050.A.8 BMC —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.
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in. Irrigation System As-Builts - The developer shall provide irrigation system as-builts for all
irrigation installed in public rights-of-way once the irrigation system is installed. The as-builts
shall include the exact locations and type of lines, including accurate depth, water source, heads,
electric valves, quick couplers, drains and control box.
n. That the applicant obtains 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 Engineering Department to provide
addresses for all individual lots in the subdivision prior to filing of the final plat,
q. Section 38.41.080.2.g.9 BMC requires 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 anal.all lots must be provided to and approved by the City Engineer.
The master plan must depict the maximum sized retention/detention basin location, and locate
and provide easements for adequate drainage ways within the subdivision to transport runoff to
the stormwater receiving channel. The plan shall include sufficient site grading and elevation
information(particularly for the basin sites, drainage ways, and lot finished grades), typical
stormwater retention/detention basin and discharge structure details, basin sizing calculations,
and a stormwater maintenance plan.
Any stormwater ponds located within park or open space shall be designed and constructed so as
to be conducive to the normal use and maintenance of the park or open space. Storm water ponds
shall not be located on private lots.
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.
r. 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.
s. Section 38.23,070 BMC specifies that the Developer's engineer will be required to prepare a
comprehensive design report evaluating existing capacity of water and sewer utilities which must
be provided to and approved by the City Engineer. The report must include hydraulic evaluations
of each utility for both existing and post-development demands. The report findings must
demonstrate adequate capacity to serve the full development. The report must also identify the
proposed phasing of water and sewer construction. If adequate water and/or sewer capacity is not
available for full development, the report must identify necessary water system and sewer system
Moines at Bridger Peaks Estates Major Subdivision -Hildiiigs of Fact ajid Order
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improvements required for full development. The Developer will be responsible to complete the
necessary system improvements to serve the full development.
All water mains over 500 feet in length must be looped.
t. All residential lots shall pay cash-in-lieu of water of rights will be prior to final plat. The
developer may also provide a transfer of the equivalent required water rights. Any water right
proposed to be transferred to city ownership should be submitted for review as early as possible
so the value can be determined without hindering the final plat process. The necessary water
rights or cash-in-lieu for all residential lots must be provided prior to the filing of the final plat.
u. Section 38,41.080.g.7 BMC requires the location of and distinction between existing and
proposed sewer and water mains and all easements shall be clearly and accurately depicted on
the plans and specs, as well as all nearby fire hydrants and proposed fire hydrants.
v. Section 38.23.060.c BMC specifies any easements needed for the water and sewer main
extensions shall be a minimum of 30 feet in width. All necessary easements shall be provided
prior to final plat approval and shall be shown on the plat. Wherever water and/or sewer mains
are not located under or accessed from improved streets, a 12 foot wide all weather access drive
shall be constructed above the utilities to provide necessary access.
w. Section 32.23.070 BMC specifies plans and Specifications for water and sewer main
extensions, prepared and signed by a Professional Engineer (PE) registered in the State of
Montana shall be provided to and approved by the City Engineer. Water and sewer plans shall
also be approved by 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 preconstruction conference has been conducted.
No building permits shall be issued prior to City acceptance of the required infrastructure
improvements unless concurrent construction is granted.
x. City of Bozeman Design Standards and Specifications Policy specify within the Water
Distribution Lines Design Criteria (page 44) that the minimum diameter for any new main is fl-
inch, unless specific approval in writing is obtained from the City of Bozeman for smaller
diameters.
y. City standard curb, gutter and sidewalk shall be provided along all public streets surrounding
the subdivision. Per Section 3 8,24,080 BMC sidewalks will be installed prior to occupancy of
any individual lots.
z. The location of mailboxes shall be coordinated with the Engineering Department prior to
their installation.
Homes at Bridger Peaks Estates Major Subdivision - Findings of Fact and Order
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aa. Section 38.41.020 BMC outlines additional permits that may be required beyond what is
administered by the City of Bozeman, The Montana Department of Fish, Wildlife and Parks,
SCS, Montana Department of Environmental Quality, and Army Corps of Engineer's shall be
contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity
exemption, etc.) shall be obtained prior to plan and specification approval.
bb. 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 38.39.020.A.1 BMC, This
shall be submitted as part of the final site plan for site developments, or with infrastructure plans
for subdivisions. It shall be the responsibility of the applicant to ensure that the construction
traffic follows the approved routes.
cc. All construction activities shall comply with section 38.39.020.A.2 BMC. This shall include
routine cleaning/sweeping of material that is dragged to adjacent streets, The City may require a
guarantee as allowed for under this section at any time during the construction to ensure any
damages or cleaning that are required are complete. The developer shall be responsible to
reimburse the City for all costs associated with the work if it becomes necessary for the City to
correct any problems that are identified.
D. Compliance with the local subdivision review procedures provided in Part 6 of the
Montana Subdivision and Platting Act
The hearings before the Planning Board and City Commission were properly noticed, as required
by the Bozeman Municipal 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 casements for the location and installation of any planned utilities
As required under Section 38.23,060.A BMC, all easements, existing and proposed, shall be
accurately depicted and addressed on the final plat and in the final plat application. Therefore, all
utilities and necessary utility easement's 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 adjacent perimeter streets meeting minimum standards.
Vehicular access to each lot is proposed via a proposed alley to eliminate individual curb cuts to
perimeter streets.
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X
After considering all matters of record presented at the public hearing, and with an
amendment to Condition 4 1.0, the City Commission found that the preliminary plat for the
Homes at Bridger Peaks Estates Major Subdivision would comply with the primary review
criteria, City of Bozeman Growth Policy, requirements of the Bozeman Municipal 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 Homes at Bridger Peaks Estates Major Subdivision be approved, subject
to the following conditions:
1. 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.
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 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.
4. The applicant shall satisfy the cash donation in-lieu of land dedication requirements of
Section 38.27.030, BMC with the final plat, The final plat shall contain a note or table
showing the parkland requirements for the subdivision and that cash donation in-lieu of
land dedication was utilized to satisfy these requirements.
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The applicant shall provide said cash donation in-lieu of land dedication for an equivalent
of 0.30 acres of dedicated parkland with the subdivision. This amount is calculated based
on a requirement for 0.03 acres of parkland per dwelling unit x 10 dwelling units.
5. The final plat and property owner's association (POA) documents may not include any
reference to "dedicated" or "public" common open space; rather if the areas designated as
such on the preliminary plat are to be common open space owned by the POA, the POA
documents and final plat must specifically designate them as common open space owned
and maintained by the POA in a final plat notation. The common open space may or may
not be public access. If public access is allowed in the common open space it shall be stated
in the plat note.
6. Language shall be included in the property owner's association documents to alert future
property owners that the W. Babcock Street, Meagher Avenue and W. Broadwater Street
frontages are all considered front yards for zoning setback purposes and future home
designs. This language shall also include a reference to a requirement for a sidewalk
connection from each home to an adjacent street as there will. be no sidewalks within or
adjacent to the alley. Language shall also be included in the property owner's documents
indicating that fences cannot exceed four feet in height in any of these required street front
yards or any portion of a required comer side yard as required in Section 38.23.130.A.2
BMC.
7. The plat shall be amended in order that the small areas of property on the outside radiuses
of the alley adjacent to Lots 3 and 4 and Lots 9 and 10 shall be included with the adjacent
lots to avoid future ownership or maintenance confusion or conflicts for these small areas.
8. As noted on the original plat for this subdivision, a note shall be included on the final plat
or in the property owner's association documents which states that "due to the relatively
high groundwater table within the subdivision, it is not recommended that residences with
full basements be constructed."
9. The interior drive aisle shall be designated an alley. There shall be no public street signage
or notes on the plat delineating it as a road or public/private street. A public access easement
shall be recorded with the plat allowing public access over the dedicated alley.
10. The applicant's Engineer shall certify that the work on the irrigation ditch will not (more)
adversely affect the neighbors.
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 two (2) 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.
Homes at Bridger Peaks Estates Major Subdivision—Findings of Fact ajid Order
14
DATED this ��' clay of Voveimbart, , 2013.
BOZEMAN CITY COMMISSION
SEAN BECKER, Mayor
ATTEST: APPROVED AS TO FORM.
P
sy�
ST OY EN, city ci rk - — F.E SULLIVAN-)City Attorney
I omes at Brill er Peaks Estates Major Subdivision—Findings of.Fact and Order
15