HomeMy WebLinkAboutApprove Amended Plat of Lot 1, Block 4 Meadow Creek Phase 1 Major Subdivision Final Plat P140021
REPORT TO: Honorable Mayor & City Commission
FROM: Tim Cooper, Assistant City Attorney Wendy Thomas, Director of Community Development
SUBJECT: Authorize the Director of Public Works to approve the Amended Plat of Lot 1,
Block 4, Meadow Creek Phase 1 Major Subdivision Final Plat, Application
P14002
MEETING DATE: April 7, 2014
AGENDA ITEM TYPE: Consent
RECOMMENDATION: That the City Commission approve the Final Plat for the Amended Plat of
Lot1 , Block 4, Meadow Creek Phase 1 Major Subdivision Final Plat, Application P14002 and
authorize the Director of Public Works to execute the same on behalf of the City of Bozeman upon
review and approval by the City Attorney’s Office.
BACKGROUND: On July 8, 2013, the City Commission approved the findings of fact completing the preliminary plat approval to subdivide 2.4393 ± acres together with the required supplementary plans
and information to replat one (1) existing lot into ten (10) single-household residential lots. The
developer has applied for final plat review and approval of the subdivision.
Staff has concluded that all terms and conditions of the preliminary plat approval have been met. An
improvements agreement has been completed for the future installation of sidewalks. The appropriate financial guarantee has been received.
UNRESOLVED ISSUES: None determined at this time.
ALTERNATIVES: 1) Approve the final plat as presented and recommended. 2) Deny the final plat.
FISCAL EFFECTS: The applicant has submitted the required fees for this action. Cash-in-lieu of
water rights, land dedication for parkland was provided with the platting of the original Meadow Creek
subdivision. City sewer and water connection fees and other applicable impact fees will be collected for the new services when a building permit is issued for each of the residential lots.
Attachments: Summary Review
Final Plat
Commission Memorandum
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Report compiled on March 3, 2014
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Return,To:
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 FINDINGS OF FACTBOZEMANILLCFORPRELIMINARYPLATANDORDERREVIEWOFATENLOTMAJORSUBDIVISIONOF
LOT 1, BLOCK 4,MEADOW CREEK SUBDP4IISION, PHASE I
CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA
PURSUANT to the Montana 'Subdivision and Platting Act, Section 76-3-101 through 76-3-625,
Montana Codes Annotated, and the City of Bozeman Growth Policy and City of Bozeman Unified
Development Ordinance, a public hearing was scheduled, after notice given, before the Bozeman City
Commission on April 22, 2013, on the above-entitled application. 'The applicant presented to the City
Commission a proposed amended preliminary plat application for a Major Subdivision to subdivide
2.4393 acres and create ten single-household residential lots.
The purpose of the public bearing was to consider all relevant evidence relating to public
health, safety, and welfare, including the required environmental assessment and recommendation of
the Development Review Committee, to determine whether the plat should be approved, conditionally
approved, or disapproved.
It appeared to the City Commission that all parties and the public wishing to appear and
comment were given the opportunity to do so, and therefore, being fully advised of all matters having
come before it regarding this application, the City Commission makes the following Findings of Fact,
as required:
FINDINGS OF FACT
I.
The complete application for the preliminary subdivision plat review of an amended plat for
Lot 1, Block 4, Meadow Creek Subdivision, Phase 1, a ten-lot residential subdivision,was submitted to
Lot 1,.Block 4, Meadow Creek Subdivision,Phase 1 —Findings of Fact and Order 1
22
the City of Bozeman Department of Planning and Community Development by C & H Engineering
and Surveying, Inc., on January 30, 2013. The subject property is legally described as Lot 1, Block 4
Meadow Creek Subdivision, Phase 1, situated in the SE1/4 of Section 23, T2S, R5E, P.M.M., City of
Bozeman, Gallatin County, Montana.
On February 6, 2013 the application was deemed acceptable for initial review by the
Department of Planning and Community Development. On March 6, 2013 the Development Review
Committee determined the required submittal material containing the detailed supporting Information
was adequate to allow for the review process to continue. No variances to the Uniform Development
Code have been requested with this preliminary plat application and no specific variances have been
identified during the review of the preliminary plat application.
11,
The City of Bozeman Planning Board heard the matter of preliminary subdivision plat review
of Lot 1, Block 4, Meadow Creek Subdivision, Phase I on April 2, 2013. The Planning Board found
that the application was properly submitted and reviewed under the procedures of the City of Bozeman
Unified Development Code, Chapter 38, Bozeman Municipal Code.
The Planning Staff reviewed the project and the evidence which justified the imposition of
conditions, recommendations of the Development Review Committee and local review agencies,
recommended modifications to proposed conditions, requested variances to the City of Bozeman
Unified Development Code, phasing, zoning, existing infrastructure, physical features, and provisions
for parkland and open space,
The Planning Staff reported that as of the public hearing no public comment was received by
the department on the matter of the preliminary plat application.
Mark Chandler spoke on behalf of the landowner Bozeman 1, LLC and applicant McIntosh
Construction, and discussed the proposal for alley loaded lots, zoning designation, density, sidewalks
and subdivision design.
The Planning Board then opened the public bearing to receive public comment and finding
none closed the public testimony portion of the hearing.
IV.
After reviewing the staff recommendation, hearing the applicant's presentation, public
testimony on the matter, and finding that the Preliminary Plat was properly submitted and reviewed
Lot 1,Block 4,Meadow Creek Subdivision,Phase 1 —Findings of Fact and Order 2
23
under the procedures of the City of BBozexnan Unified Development Code and the adopted growth
policy, the Planning Board reviewed and considered the facts against the criteria related in Title 76-3-
608, MCA, 2011.
The Planning Board then discussed the applicant's preliminary subdivision plat application,
considered the recommended conditions prepared by the Planning Department, Development Review
Committee and local review agencies, and discussed lot width/Length ratio, front yard vegetation, alley
design., on-street parking, street maintenance, and street design.standards.
Having heard and considered public comment, findings presented in the staff report, the
Planning Board found that with the recommended conditions, that the subdivision preliminary plat
application would comply with the primary review criteria, and therefore voted 5-0 to forward a
recommendation of conditional approval to the Bozeman City Commission as set forth in Planning
Resolution No. P-13004.
V.
The matter of the preliminary plat application for Lot 1, Block 4, Meadow Creek Subdivision,
Phase I was considered by the City Commission at a public hearing on April 22, 2013,
The Planning Staff reviewed the project at that time and forwarded the Planning Board's
recommendation of conditional approval as set forth in Planning Resolution No. P-13004,
VY..
Mark Chandler of C & H Engineering and Surveying, Inc., representing the applicant stated
that they have reviewed the recommended conditions of approval and finds all of the conditions of
approval acceptable.
The public hearing portion on this matter was then opened to hear public testimony on the
matter with no members of the general public offering comment on the matter of the preliminary plat
application.
VII.
The City Commission then considered the Planning Office staff report, Planning Board's
findings and recommendation, public record, the developer's testimony, and weighed the proposed
subdivision against the primary criteria for consideration of subdivisions established in Title 76-3-608,
and found as follows:.
Lot t,Block 4, Meadow Creek Subdivision,Phase I —Findings of fact and Order 3
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A. Primary Review Criteria
1. Effects on Agriculture
The site is located within a developed urban part of the City being part of Meadow Creek Subdivision,Phase I and has no agricultural components that would be impacted by the proposed minorsubdivision.
2. Effects on Agricultural Water User Facilities
No effects on agricultural water user facilities have been identified for this project. Although thesubdividerdoesnotanticipateanyimpactstodownstreamwateruserswiththissubdivision, theapplicantisremindedthattheyaresubjectTitle85, MCA protecting water rights, conveyance andagriculturalwateruserfacilities, and are therefore advised that they may be subject to thoserestrictions.
3. Effects on Local Services
Water/Sewer: Municipal sanitary sewer and water mains exist in the West Graf Street, South 27`h
Avenue and Golden Sun Drive rights-of-way. A limited number of the existing service lines installedin2006forthemulti-household lot will need to be redesigned and reviewed by the City Engineer'sOfficetoaccommodatetheproposedresidentiallots,
Police/Fire: The property is located within the City's Police and Fire emergency response area.
Streets: Public streets in proximity to the subdivision currently exist as part of the subdivision's streetnetworkforthemajorsubdivision. No alterations to the present street network or egress/ingress accesspointsareproposedwiththisapplication.
Stormwater: The 10-lot subdivision was included in the Stormwater Master Plan reviewed andapprovedbytheCityEngineer's Office for the original subdivision platted in 2006. No significant siteorgradingchangesareproposedaspartofthissubdivisionapplication. The subdivider is on notice
that with any future development of the proposed lots the existing stormwater facilities will be
reevaluated to meet City design standards and may require alterations prior to any City Engineeringofficeapproval.
Parklands: Dedicated public parkland required with this subdivision was met with the approved parkmasterplanandpublicparklanddedicatedwiththefinalplatforphaseone. The applicant does not
propose the construction of any public trails with this development and the Parks, Recreation, OpenSpace, & Trails (PROST) Plan does identify the need for any pedestrian corridors within the context ofthissite. The workforce housing ordinance will not apply to this application as the housing plan hasbeensuspendedwhiletheCityofBozemanconsidersalternativestoimplementtheaffordablehousingplan.
Utilities: All private utilities (electricity, gas, cable and phone utilities) currently exist in the adjacentstreetsorwithinutilitycasementsonthesubjectproperty.
4. Effects on the Natural Environment
This property is located in an area of the City which has been identified and developed for residentialusesaturbandensityandnochangesareproposedthatwouldimpactthenaturalenvironment,
5. Effects on Wildlife and Wildlife Habitat
Lot 1, Block 4,Meadow Creek Subdivision,Phase I —Findings of Fact and Order 4
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No known endangered species or critical game ranges have been identified on the subject property.This area of the City has been identified and developed for urban purposes in a location of the Citywherenophysicalfeatures, established vegetation or habitat exist, which reduces the potential fordevelopmentofanywildlifehabitat.
6. Effects on Public Health and Safety
The intent of the regulations in Chapter 38 of the Bozeman Municipal Code is to protect the publichealth, safety and general welfare. The subdivision has been reviewed by the Bozeman. DevelopmentReviewCommittee (DRC) which has determined that it is in general compliance with the title. Anyotherconditionsdeemednecessarytoensurecompliancehavebeennotedthroughoutthisstaffreport.
All subdivisions must be reviewed against the criteria listed in 76-3-608.3-b-d, M.C,A., 1995regardlessofcompliancewithmasterplanstatus. As a result, the DRC has reviewed this application
against the listed criteria and further provides the following summary review:
B. Compliance with survey requirements provided in Part 4 of the Montana Subdivision andPlattingAct.
The property in question has been surveyed and platted in conformance with the Montana SubdivisionandPlattingActandpreparedasapreliminaryplatinaccordancewiththestatestatuteandtheBozemanMunicipalCode. Prior to filing of any plat(s) for this subdivision, said plat(s) must complywiththesurveyrequirementsinPail4oftheMontanaSubdivisionandPlattingActandwillbefiledintheGallatinCountyClerk& Recorder's Office upon review and approval by City staff.
C. Compliance with the local subdivision regulations provided for in Part 5 of the MontanaSubdivisionandPlattingAct.
The final plat shall comply with the standards identified and referenced in the Unified DevelopmentCode (UDC). The applicant is advised that unmet code provisions, or code provisions that are notspecificallylistedasaconditionofapproval, does not, in any way, create a waiver or other relaxationofthelawfulrequirementsoftheBozemanMunicipalCodeorstatelaw.
The following requirements are standards of the Bozeman Unified Development Code and shall beaddressedwiththefinalplatapplication:
a. 38.03,040.A of the BMC, conditional approval of the preliminary plat shall be in force for not more
than one calendar year for minor subdivisions, two years for single-phased major subdivisions andthreeyearsformulti-phased major subdivisions. Prior to that expiration date, the developer maysubmitaletterofrequestfortheextensionoftheperiodtothePlanningDirectorwitheachsubsequent
request considered on its individual merits and consideration on criteria provided in 38.03.040.A,BMC. As a single-phased subdivision, conditional approval of this preliminary plat application shallbeinforcefornotmorethantwoyears.
b, 38.21.060.0.1 "Comer Lots" — The homeowner's association documents shall provide language
stating that all comer lots shall have the same orientation as dwellings on lots on the interior of theblock. The final plat shall indicate the orientation of all comer lots.
c. 38.23.030.D, comer lots shall have sufficient width to pen-nit appropriate building setbacks fronnbothstreetsandprovideacceptablevisibilityfortrafficsafety.
Lot 1, Block 4, Meadow Creek Subdivision,Phase 1 —Findings of Fact and Order 5
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d. 38.23.050 "Utilities" - Utilities shall be placed underground, wherever technically andeconomicallyfeasible. If overhead utility ines are used, they shall be placed along the rear propertyline.
y r
e. 38.23.060.13 "Private Utilities" — The final plat and property owner's association documents shall
contain a Dote stating that if a utility easement is greater than the building setback required by Chapter38, B.M.C. said easement shall apply. All utility casements to be noted on the Final Plat for eachtypicalsubdivisionlot/block, exclusive of notations on the final plat.
f. 38.23,060.D.4 — States that storm water runoff from a development shall not be discharged directlytoanirrigationfacility. This will further require all storm water facilities to be designed in a mannerthataddressesthecriteriasetforthbythePlanningOffice
g. 38.23,120 - If mail will not be to each individual lot within the development, the developer shall
provide an off-street area for mail delivery within the development in cooperation with the UnitedStatesPostalService. All cluster mail boxes must be ADA accessible and placed accordingly. It shallnotbetheresponsibilityoftheCitytomaintainorplananymaildeliveryareaconstructedwithinaCityright-of-way.
h. 38,23.180 - Water rights or cash-in-lieu thereof, as calculated by the City Engineer's Office, is duewitheachfinalplat(s) of the major subdivision.
i. 38.25.020.A "Parking Dimensions" — The homeowners' association documents shall include
language stating the minimum provisions for one-stall and two-stall car garages as outlined by Section38.25.020.A, BMC.
j. 38.26.050.E "Street Frontage' — The homeowner's association documents shall contain language
stating that all street rights-of-way contiguous to or within the proposed development site not used for
street pavement, curbs, gutters, sidewalks or driveways (i.e., street boulevards) shall be landscaped, asdefinedintheBozemanMunicipalCode, and shall include one (1) large canopy tree for each 50 feet oftotalstreetfrontageroundedtothenearestwholenumber. For street trees, a City of Bozeman plantingpermitforstreettreesandobtainingutilitylocatesbeforeanyexcavationbeginsintheCityofBozemanright-of-way. The covenants shall include a planting note stating that the planting hole shallbeatleasttwicethediameteroftherootball, that the root flare of the newly planted tree is visible andaboveground, and there should be a mulch ring 3'- 4' in diameter around each newly plantedboulevardtree.
k. 38.39,030 "Completion of Improvements" - If it is the developer's intent to file the plat prior to the
completion of all required improvements, an Improvements Agreement shall be entered into with the
City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminaryplatsubmittalinformationandconditionsofapproval. If the final plat is filed prior to the installation ofallimprovements, 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,
1. 38.39.030.B.2 "Sidewalks" — The final plat and property owner's association documents shall
include language stating that "upon the third anniversary of the plat recordation of any phase of thesubdivision, 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 havebeenmadeuponthelot."
Lot 1,Block 4, Meadow Creek Subdivision,Phase 1 —Findings ofFact and Order 6
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m. 38.41.050.A,8 — A Memorandum of Understanding shall be entered into by the Weed ControlDistrictandthesubdividerforthecontrolofcountydeclarednoxiousweedsandacopyprovidedtothePlanningDepartmentpriortoFinalPlatapproval,
n. That the applicant obtain Montana Department of Environmental Quality approval of thesubdivisionpriortoFinalPlatapprovalpursuanttoSection16.16,101 through 16.16.805 A.R.M.
o. The subdivider shall ensure that all construction material and other debris are removed from thesubdivisionpriortofinalplatapproval, or prior to release of said financial guarantee, if anImprovementsAgreementisnecessarywiththefinalplat.
p. The developer shall make arrangements with the City Engineer's office to provide addresses forallindividuallotsinthesubdivisionpriortofilingofthefinalplat.
The City Engineer's Office has identified the following code provisions and design standards that willapplytothisapplication,
a. Storm water Master Plan: Storm water Master Plan for the subdivision for a system designed to
remove solids, silt, oils, grease and other pollutants from the runoff from the private and public streetsandalllotsmustbeprovidedtoandapprovedbytheCityEngineer.b. The master plan must depict the maximum sized retention basin location, show location of and
provide easements for adequate drainage ways within the subdivision to transport runoff to the storn-1waterreceivingcharmel. The plan shall include sufficient site grading and elevation informationparticularlyforthebasinsite, drainage ways and finished lot grades), typical storm water
detention/retention basin and discharge structure details, basin sizing calculations and a storm watermaintenanceplan.
c. A Storm Water Management Permit (SMP) must be submitted and approved by the City EngineerpriortoFinalSitePlanApproval. The SMP requires submittals of an application forrii and a StormWaterManagementPlanincompliancewiththeCityofBozeman's Storm Water ManagementOrdinance #1763. The SMP is independent of any other storm water permitting required from theStateofMontana, and does not fulfill the requirement to obtain a Storm Water Pollution PreventionPlan (SWPPP) if they are required for this development. A copy of the Notice of Intent (N01), theStormWaterPollutionPreventionPlan (SWPPP), and the approval letter from the MontanaDepartmentofEnvironmentalQualityshallbesubmittedtotheCity.d. Plans and specifications and a detailed design report for water and sewer main extensions, storm
sewer and the public street, prepared by a Professional Engineer, shall be provided to and approved bytheCityEngineerandtheMontanaDepartmentofEnvironmentalQuality. The Applicant shall alsoprovideProfessionalEngineeringservicesforconstructioninspection, Post-construction certification,and preparation of mylar record drawings. Construction shall not be initiated on the public
infrastructure improvements until The plans and specifications have been approved and a pre-
construction conference has been conducted. All plans and specification shall comply with the currentversion (including all addenda) of the City of Bozeman Design Standards and Specifications PolicyandtheCityofBozemanModificationsToMontanaPublicWorksStandardSpecificationsSixthEditionthathavebeenadoptedatthetimeofapprovaloftheplansandspecifications.
e. No building permits shall be issued prior to substantial completion and City acceptance of therequiredinfrastructureimprovements.
f. All infrastructure improvements including 1) water and sewer main extensions, and 2) publicstreets, 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
Lot 1, Block 4,Meadow Creek Subdivision,Phase 1 —Findings of Fact and Order 7
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constructed prior to Final Plat approval,
g. City standard residential sidewalks shall be constructed on all public street frontages of a propertypriortooccupancyofanystructureontheproperty. Upon the third anniversary of the plat recordation
of any phase of the subdivision, any lot owner who has not constructed said sidewalk shall, withoutfurthernotice, construct within 30 days said sidewalk for their lot(s), regardless of whether otherimprovementshavebeenmadeuponthelot. This condition shall be included on the final plat for thesubdivision.
h. The location of existing water and sewer mains shall be properly depicted. Proposed mainextensionsshallbenotedasproposed.
i. The alley drive approaches shall be constructed in accordance with the City's standard approachi.e., concrete apron, sidewalk section and drop-curb) and shown as such the infrastructure plans. ACityCurbCutandSidewalkPermitshallbeobtainedpriortoinitiationofconstruction.j. The Montana Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality andArmyCorpsofEngineer's shall be contacted regarding the proposed project and any required pen-nitsi.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to FSP approval.k. Project phasing shall be clearly defined including installation of infrastructure. The developer shall
make arrangements with the City Engineer's office to provide addresses for all individual lots in thesubdivisionpriortofilingofthefinalplat.
1. The applicant shall submit a construction route map dictating how materials and heavy equipmentwilltraveltoandfromthesiteinaccordancewithsection18.74.020.A.1 of the Unified DevelopmentOrdinance. This shall be submitted as part of the final site plan for site developments, or with theinfrastructureplansforsubdivisions. It shall be the responsibility of the applicant to ensure that theconstructiontrafficfollowstheapprovedroutes.
in. All construction activities shall comply with section 18.74.020.A.2. of the Unified DevelopmentOrdinance. 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 constructiontoensureanydamagesorcleaningthatarerequiredarecomplete. The developer shall be responsibletoreimbursetheCityforallcostsassociatedwiththeworkifitbecomesnecessaryfortheCitytocorrectanyproblemsthatareidentified.
n. All proposed private utilities to serve the subdivision shall be shown on the public infrastructureplansandspecifications.
o. Water rights or cash-in-lieu thereof shall be provided in accordance with Sec. 38.23,180 BMCPriortofinalplatapproval.
p. A maintenance bond from the contractor to the owner naming the City as dual oblige shall beprovidedinaccordancewithSectionC.3 Bonding, of City of Bozeman Design Standards andSpecificationsPolicy. This shall remain in effect for the duration Of the two year warranty period.
D. Compliance with the local subdivision review Procedures provided in Part 6 of the MontanaSubdivisionandPlattingAct.
The hearings before the Planning Board and City Commission have been Properly noticed, as requiredbytheBozemanUnifiedDevelopmentCode, The notice was mailed to all adjoining property ownersbycertifiedmailandnoticedintheBozemanDailyChronicle. Based on the recommendation of theD.R.C. and other applicable review agencies, as well as any public testimony received on the matter,
the Bozeman Planning Board shall forward a recommendation in a Resolution to the Bozeman CityCommissionwhowillmakethefinaldecisionontheapplicant's request,
E. Provision for easements for the location and installation of any planned utilities.
Lot 1,Block 4, Meadow Creek Subdivision,Phase 1 —Findings of Fact and Order 8
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All utilities and necessary utility casements will be provided and depicted accordingly on the final platforeachphase.
F. Provisions of legal and physical access to each parcel.
The proposed lots will gain access from frontage on internal local streets or alleys. The final plat shall
include a public access easement for all areas labeled as common open space and for all streets/alleys iftheyarenotdedicatedtothepublic
Vill.
After considering all matters of record presented at the public bearings the City Commission
found that the proposed preliminary plat for a major subdivision to subdivide 2,4393 acres and create
ten residential, single-household lots would comply with the requirements of the Bozeman Unified
Development Code and the Montana Subdivision and Platting Act if certain conditions were imposed.
Ix.
After further considering all matters of record presented at the public hearing the City
Commission found that preliminary subdivision plat for Lot 1, Block 4, Meadow Creek Subdivision,
Phase I would comply with the primary review criteria, City of Bozeman Growth Policy, requirements
the Bozeman Unified Development Code and the Montana Subdivision and Platting Act if certain
conditions were imposed. The evidence, as stated or referenced in the Findings of Fact, justifies the
imposition of the conditions ordered herein to ensure that the final plat complies with all applicable
regulations and all required criteria,
The City Commission then discussed the recommended conditions of approval and moved to
approve the preliminary plat application subject to the conditions presented in Planning Board
Resolution #P-13004. The motion passed on a vote of 5-0.
ORDER
IT IS HEREBY ORDERED, on a vote of 5-0, that the Preliminary Subdivision Plat to
subdivide 2.4393 acres and create ten residential, single-household lots has been found to meet the
primary criteria of the Montana Subdivision and Platting Act, and is therefore approved, subject to the
conditions listed below. The evidence as stated in the Findings of Fact, justifies the conditions
imposed on the subdivision to ensure that the final plat complies with all applicable regulations, and all
required criteria, that appropriate and safe vehicular and pedestrian circulation is provided, adequate
infrastructure and public services are provided, and adequate public access, utility easements, and
rights-of-way are provided.
Lot 1, Block 4, Meadow Creek Subdivision,Phase I —Findings of Fact and Order 9
30
1. The Final Plat shall conform to all requirements of the Bozeman Municipal Code and the UniformStandardsforFinalSubdivisionPlatsandshallbeaccompaniedbyallrequireddocuments,including certification from the City Engineer that as-built drawings for public improvements werereceived, a platting certificate, and all required and corrected certificates. The Final Platapplicationshallincludethree' (3) signed reproducible copies on a 3 mil or heavier stable basepolyesterfilm (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 specificallylistedasconditionsofapproval, does not, in any way, create a waiver or other relaxation of thelawfulrequirementsoftheBozemanMunicipalCodeorstatelaw.
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 provisionshavebeensatisfactorilyaddressed, and shall include a digital copy (pdf) of the entire Final Platsubmittal. This narrative shall be in sufficient detail to direct the reviewer to the appropriate plat,plan, sheet, note, covenant, etc. in the submittal.
3. The subdivider shall provide the necessary declaration and recitals creating the property owner'sassociationbylawsand/or declaration of covenants, conditions and restrictions as being part of theexistingMeadowCreekSubdivisionpropertyownersassociationforsaidmajorsubdivision.
4. Per 38.24.090.0 "Drive Access Requirements" — The spacing of individual drive accesses forindividualresidentiallotsoncollectorstreets (i.e., South 27'h Avenue and West Graf Street) is 330'minimum for full access. This requires a one foot wide "No Access" strip along the frontage ofSouth27'h Avenue and West Graf Street. All lots fronting onto the collector roads shall use thepublicalleyforaccesstothelots; no driveway access from South 27'h Avenue or West Graff Streetwillbepermitted. This access restriction shall be addressed and demonstrated in the covenants,development guidelines and as a notation on the final plat or other recordable document acceptabletotheCityofBozeman. The provisions in the property owner's association documents fulfillingthisconditionshallbeconsideredrequiredbytheCityCommissionpursuantto38.38.030.A.5,BMC.
5. The subdivision lots situated along South 27'h Avenue and West Graf Street shall have double-frontage architectural design features for dwellings facing onto the collector roads similar to thatfoundwiththebuildingorientationontothelocalstreetfrontage; including, but not limited to
covered porches, varied roof lines, multiple fagade materials, varied facade plane, articulation and
variation of materials. These architectural requirements shall be discussed and illustrated in the
property owner's restrictive covenants and development guidelines. The provisions in the propertyowner's association documents fulfilling this condition shall be considered required by the CityCommissionpursuantto38.38.030.A.5, BMC.
6. A Notice of Limited Access will be recorded with the final plat advising future builders and
residents of the potential for limited egress/ingress points for private driveways from the publicalley. Private driveways may not encroach into the 5-foot wide side yard setbacks required witheachresidentiallot.
7. The applicant shall provide with the filing of the final plat payment of the estimated cost of topsoil,seed, and irrigation of one half of the future median of South 27'h Avenue along the frontage of thesubdivision.
Lot 1,Block 4,Meadow Creek Subdivision,Phase 1 —Findings ofFact and Order 10
31
8. That the filial plat contain the following language that is readily visible on the plat placing futurelandownersofindividuallotsonnoticeofthepresenceofhighgroundwaterintheareaofthesubdivisionforreviewandapprovalbythePlanningOffice:
Due to the potential of high ground water tables in the areas of the subdivision, it is not
recommended that residential dwellings or commercial structures with full or partial basements beconstructedwithoutfirstconsultingaprofessionalengineerlicensedintheStateofMontanaandqualifiedinthecertificationofresidentialandcommercialconstruction."
9. Should historical, cultural and/or archeological materials be inadvertently discovered duringconstructionofthisproject, the State Historical Preservation Office (SHPO) and the BozemanHistoricPreservationOfficeshallbecontactedimmediatelyandconstructionactivitiesshallcease,
10. The runoff coefficient for the proposed layout shall be compared to the one that was used for the
underlying subdivision. If the proposed layout results in a larger coefficient, retention/detentionshallbeprovidedtoaccountforthedifference.
This City Commission order may be appealed by bringing an action in the Eighteenth District
Court of Gallatin County, within 30 days after the adoption of this document by the City Commission,
by following the procedures of Section 76-3-625, M.C.A.
The preliminary approval of this subdivision shall be effective for one (1) year from the date of
Preliminary Plat approval, or September 24, 2013. At the end of this period the City Commission may,
at the written request of the subdivider, extend its approval as provided in the Bozeman Unified
Development Ordinance for not more than one (1) calendar year.
DATED this day of 2013,
BOZEMAN CITY COMMISSION
SEAN4A. BECKER, Mayor
ATTEST:APPROVED AS TO FORM:0-F B
4 41
nSULLIVAN,C City Attorney
Lo 13 4,Aead4)j ree division,Phase 1 Findings of Fact and OrderVk
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