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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 1 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 2 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 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. 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. Homes at Bridger Peaks Estates Mayor Subdivision -Findings of Fact and Order 4 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 5 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. Hoines at Bridger Peaks Estates Major SUbdivision- Findings of Fact and Order 6 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 7 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 8 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. Hoiiies at Bridger Peaks Estates Major Subdivision—Findings of Fact and Order 9 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 10 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 II 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. Homes at Bridger Peaks Estates Major Subdivision —Findings of Fact and Order 12 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. Horties at Bridger Peaks Estates Major Subdivision -Findings of Fact and Order 13 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