HomeMy WebLinkAboutCity Commission Meeting of Bozeman, Montana Agenda Packet 2007-03-05 18-00_52-67_Approve Oak Meadows Subdivision Findings of Fact
REPORT TO: Honorable Mayor and City Commission
FROM: Tim Cooper, Staff Attorney
Chris Kukulski, City Manager
SUBJECT: Oak Meadows Subdivision Findings of Fact
MEETING DATE: March 5, 2007
RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the
preliminary plat of Oak Meadows Major Subdivision.
BACKGROUND: On February 21 and 28, 2006, the City Commission held a public hearing on an
application for preliminary approval of the Oak Meadows Subdivision. The Commission approved the
proposed subdivision, subject to conditions to ensure the final plat would comply with all applicable
regulations and all required criteria. State law provides that the governing body shall “provide a written
statement to the applicant detailing the circumstances of the condition imposition.” The statement must
include 1) the reason for the condition imposition; 2) the evidence that justifies the condition imposition;
and 3) information regarding the appeal process for the condition imposition. Chris Saunders, Assistant
Director, presented the subdivision application on behalf of the City of Bozeman. She has prepared the
Findings of Fact and Order to serve as the Commission’s statutorily required written statement.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property
tax revenues from new development, along with increased costs to deliver municipal services to the
property.
ALTERNATIVES: As suggested by the City Commission
Respectfully submitted,
_________________________________ ____________________________
Tim Cooper, Staff Attorney Chris Kukulski, City Manager
Attachments: Proposed Findings of Fact for Oak Meadows Major Subdivision
Commission Memorandum
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Oak Meadows Subdivision – Findings of Fact and Order 1
BEFORE THE BOZEMAN CITY COMMISSION
IN THE MATTER OF THE APPLICATION OF FINDINGS OF FACT
BAM PROPERTIES LLC. FOR PRELIMINARY AND ORDER
PLAT REVIEW OF OAK MEADOWS SUBDIVISION, CITY
OF BOZEMAN, GALLATIN COUNTY, MONTANA
PURSUANT to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-625,
Montana Codes Annotated, and the Bozeman Area Subdivision Regulations, public hearings were
scheduled, after notice given, before the Bozeman Planning Board on February 7, 2006, and before the
Bozeman City Commission on February 21 and 28, 2006, on the above-entitled application. The applicant
presented to the City Commission a proposed preliminary plat to subdivide 20± acres and create fifty-two
(52) residential lots, together with the required supplementary plans and information. The purpose of the
public hearing was to consider all relevant evidence relating to public health, safety, and welfare, including
the required environmental assessment and recommendation of the Planning Board, to determine whether
the plat should be approved, conditionally approved, or disapproved.
It appeared to the City Commission that all parties and the public wishing to appear and comment
were given the opportunity to do so, and therefore, being fully advised of all matters having come before it
regarding this application, the City Commission makes the following Findings of Fact, as required:
FINDINGS OF FACT
I.
The complete application for the preliminary subdivision plat review of Oak Springs, a residential
major subdivision, was submitted to the City of Bozeman Department of Planning and Community
Development on November 29, 2005. The preliminary subdivision plat, as proposed, will subdivide 20±
acres and create fifty-two (52) residential lots, dedicate approximately 2.8+ acres of public parkland or
cash-in-lieu of parkland, and construct City standard streets within dedicated public rights-of-way. All lots
will be served by City of Bozeman water and sanitary sewer services and accessed by public streets with the
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Oak Meadows Subdivision – Findings of Fact and Order 2
extension the N. 14th Avenue, Juniper Street and connection to the existing Oak Street. All interior local
subdivision streets will be constructed to City street standards within dedicated public rights-of-way.
II.
Notice of a public hearing before the City of Bozeman Planning Board and a public hearing before
the Bozeman City Commission was published in the Bozeman Daily Chronicle on January 22 and 29,
2005, and the notice was posted at the site and mailed by Certified mail, return receipt requested, to all
adjoining property owners.
III.
The City of Bozeman Planning Board heard the matter of preliminary subdivision plat review of
Oak Meadows Subdivision on February 7, 2005.
The Planning Staff reviewed the project at that time and discussed the recommended conditions of
the Development Review Committee and local review agencies, street connectivity, mix of land uses,
restricted size lots, lot access, access to West Oak Street, public trail system and provisions for dedicated
parkland and open space.
The Planning Staff reported that no written public testimony on this matter was received as of the
public meeting before the Planning Board.
Bill Hanson, representing BAM Properties, discussed the design of the subdivision and the
reasoning behind the configuration of the parkland. Mr. Hanson stated they were in agreement with the
recommended conditions of approval as written.
IV.
The Planning Board then opened the public meeting portion on said matter. After three calls for
public testimony, and after finding no public testimony on the matter of proposed subdivision the
Planning Board closed the public comment portion of the meeting.
V.
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Oak Meadows Subdivision – Findings of Fact and Order 3
After reviewing the staff recommendation, hearing the applicant’s presentation, hearing no public
testimony on the matter, and finding that the Preliminary Plat was properly submitted and reviewed under
the procedures of the City of Bozeman Unified Development Ordinance, the Bozeman Zoning
Ordinance, and the adopted growth policy, the Planning Board reviewed and considered the facts against
the criteria related in Title 76-3-608, M.C.A., 1999.
The Planning Board considered the recommended conditions prepared by Planning Staff and
Development Review Committee, and discussed the access to lots fronting on the proposed park,
extension of Huckleberry Drive to connect with N. 14th Avenue, and future use and development of the
lots in Blocks 4 and 5.
VII.
The Planning Board considered a motion to recommend approval of the subdivision with the
conditions recommended by staff. Upon a vote of 2 to 6 the Planning Board did not recommend
conditional approval to the Bozeman City Commission as set forth in Planning Resolution No. P-05074.
VIII.
The matter of preliminary plat review of Oak Springs Subdivision was considered at a public
hearing before the City Commission on Tuesday, February 21, 2006.
The Planning Staff reviewed the project at that time and forwarded the Planning Board's
recommendation as set forth in Planning Resolution No. P-05074. Planning Staff noted the receipt of 7
letters of support for the project after the Planning Board hearing and indicated that the letters had been
provided to the City Commission.
Mr. Bill Hanson, representing the applicant, provided an overview of the proposed major
subdivision and discussed parkland, mix of residential land uses, affordable housing, street improvements,
and compliance with the regulations. James Nickleson, representing the application, gave a description of
the street layout and concerns on extending Huckleberry Drive. Steve Mill, one of the members of BAM
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Oak Meadows Subdivision – Findings of Fact and Order 4
Properties, described the subdivision and their intentions in further developing Blocks 4 and 5, as well as
the lots fronting the park on Block 3. Bill Ainsworth discussed the linear park and connections to it.
IX.
The public hearing portion on this matter was then opened to hear public testimony on the matter
with four members of general public offering public testimony on the matter. Testimony was received in
favor of the subdivision from four members of the public citing compliance with City goals, park
connectivity throughout the subdivision, restricted size lots, higher densities, limiting sprawl, and overall
layout and alleys. After calling three times for public testimony, and receiving no additional comments, the
public hearing portion on this preliminary plat application was closed.
X.
The City Commission then considered the minutes of the Planning Board, Resolution of the
Planning Board, Planning Office staff report, public record, public testimony both written and spoken, 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:
76-3-608.3(a) M.C.A.
1) EFFECTS ON AGRICULTURE:
Historically, the subject property has been used for agricultural purposes. However, the limited
area of the subject property is not of substantial size to accommodate a viable farmstead. The area
is also identified for development as “Residential” on the Land Use Plan Element of the Bozeman
2020 Community Plan and is considered a reasonable area for urban infill for residential
development. The property has been annexed for eight years and is an expected development area.
Provision of space for urban density development in this location will relieve development
pressure on outlying areas with a greater likelihood of being viable farms and this application
therefore has a favorable effect on agriculture.
The proposed subdivision is adjacent to property to the east which remains in low intensity
agriculture, primarily grazing. The developer of the subdivision will be under the same obligation
as other landowners as set forth in state law when addressing agricultural fencing to control
livestock.
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Oak Meadows Subdivision – Findings of Fact and Order 5
2) EFFECTS ON LOCAL SERVICES:
Access to municipal infrastructure and public services is available as discussed in the staff report.
However, the cost of extending infrastructure to the property will be the sole responsibility of the
developer. The City Engineer’s Office has determined that adequate capacity is generally available
in the facilities plan for municipal water and sanitary sewer to service the proposed subdivision.
There are available water and sewer services for extension..
All street improvements will be constructed to acceptable City standards with curb, gutter,
pavement, boulevard sidewalks, and storm water facilities. West Oak Street shall be constructed as
an arterial streets as identified in the Bozeman 2020 Community Plan and Greater Bozeman Area
Transportation Plan, 2001 Update. All arterial and collector streets identified in the Impact Traffic
Analysis and movements on intersection approach legs designated as arterial or collectors will
operate at a minimum Level of Service “C”. The local streets proposed will be constructed to
acceptable City standards with curb, gutter, pavement, boulevard sidewalks, and stormwater
facilities. The local streets do not appear to have service constraints. The extension of Juniper
Street will help provide east to west connectivity which is currently lacking. It was found to be
desirable to continue Huckleberry Drive to intersect with N. 14th Avenue and that the offset
intersection with the private driveway in Walton Subdivision was not material. Any remaining
issues identified by the Development Review Committee are addressed in the recommended
conditions of approval provided by the City Engineer’s Office.
3) EFFECTS ON NATURAL ENVIRONMENT
No significant physical or topographical features (i.e., water courses, wetlands, out croppings) have
been identified on said property. Groundwater quality will be protected by the installation of
municipal sanitary sewer services, and provisions have been included in the applicant’s submittal to
address the control of noxious weeds, agricultural fencing and maintenance of park land/open
space
4) EFFECTS ON WILDLIFE AND WILDLIFE HABITAT
The historical use of the property for agricultural purposes has limited the potential for
development of significant areas of mature vegetation. The location of the property surrounded by
urban development has limited its value for wildlife habitat. No known endangered species or
critical game ranges have been identified on the proposed subdivision. The Department of Fish,
Wildlife & Parks has not identified any impacts on wildlife and wildlife game range habitat with
this development proposal. Therefore, no significant effects on major wildlife game and their
habitat should occur as a result of the proposed mixed-use major subdivision.
5) EFFECTS ON PUBLIC HEALTH AND SAFETY
The Bozeman Development Review Committee (D.R.C.) reviewed the application for Preliminary
Plat review of the Oak Meadows Subdivision; and as result, has not identified any significant
impacts to the area's public health and safety that can not be mitigated with the recommended
conditions forwarded to the Planning Board and revised by the City Commission. Because
development of the property will include municipal sanitary sewer services, the threat of
groundwater degradation from on-site sewage disposal will be eliminated. There are no known,
unmitigated natural or man-made hazards on this property.
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Oak Meadows Subdivision – Findings of Fact and Order 6
6) EFFECT ON AGRICULTURAL WATER USERS FACILITIES
The applicant notes in the Preliminary Plat application that no water user facilities are present on
the property and no downstream water user facilities will be impacted with subdivision of the
property. As a matter of existing state law it is required that the Oak Meadows Subdivision will
not interfere with any agricultural water user facility or irrigation ditches for downstream water
rights.
All subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, M.C.A., 1995 regardless of
compliance with master plan status. As a result, the Planning Office has reviewed this application against
the listed criteria and further provides the following summary review:
76-3-608.3.b,M.C.A.
(i) - Compliance with survey requirements provided in Part 4 of the Montana Subdivision and
Platting Act.
Prior to filing of any plat(s) for this subdivision, said plats must comply with the survey requirements
in Part 4 of the Montana Subdivision and Platting Act and will be filed in the Gallatin County Clerk &
Recorder's Office upon review and approval by City staff.
(ii) - Compliance with the local subdivision regulations provided for in Part 5 of the Montana
Subdivision and Platting Act.
The Commission discussed the possible extension of Huckleberry Drive to connect with N. 14th
Avenue and the relationship of the park with the street extension. The submitted subdivision design
presented Lots 1-7, Block 3 as having front yards directly adjacent to the proposed park with no
physical separation.
Section 18.50.060, BMC establishes a requirement for street frontage on all sides of a public park. The
section also provides a mechanism for exceptions to the requirement and standards to be applied when
an exception is requested. The applicant asserted that the conditions warranting an exception existed.
The submitted subdivision design reflected the use of the exception. Section 18.44.090.B.2, BMC
allows for a combination of alley and greenway access to meet the requirement for legal and physical
access of state law. Other means of providing access in compliance with statute are also described.
The Staff recommended approval of the subdivision design as submitted with four recommended
conditions to address concerns of emergency service access. The Planning Board did not recommend
approval with a motion to approve failing 2-6 as described in the minutes of their meeting. The City
Commission considered Sections 18.44.090.B and 18.50.060, BMC along with the remainder of the
application and relevant standards. A motion was made to approve the subdivision with Huckleberry
Drive being extended to N. 14th Avenue and dropping conditions 6-10 of the staff report, thus finding
that the exception to 100% park street frontage were not met. The motion tied 2-2, Commissioner
Becker having abstained for possible conflict of interest. The consideration of the subdivision was
continued one week.
On February 28, 2006 the Commission again considered the application, Commissioner Kirchoff
being absent from the continued hearing. Commissioner Becker had provided the necessary materials
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Oak Meadows Subdivision – Findings of Fact and Order 7
to the Secretary of State declaring his possible conflict of interest. However, the City having a duty to
take action on the application and Commissioner Becker being needed to break the tie vote,
Commissioner Becker joined the remaining Commissioners in considering the application. The motion
was restated to approve the subdivision with conditions recommended by Staff with the exception that
Huckleberry Drive was to be extended to N. 14th Avenue and deleting conditions 6-10.
The final plat shall comply with the standards identified and referenced in the Unified Development
Ordinance. The applicant is advised that unmet code provisions, or code provisions that are not
specifically listed as a condition of approval, does not, in any way, create a waiver or other relaxation of
the lawful requirements of the Bozeman Municipal Code or state law. The following requirements are
standards of the Bozeman Unified Development Ordinance and shall be addressed with the final plat:
(a) Section 18.06.040 states that approval shall be in force for not more than three years for
major subdivisions.
(b) Section 18.42.050 requires utilities to be placed underground, wherever technically and
economically feasible.
(c) Section 18.42.060.B requires all utility easements to be noted on the Final Plat.
(d) Section 18.42.150.C.6 requires pathway intersection lighting (bollards) to comply with
City of Bozeman specifications including Section 18.42.150.C.7.
(e) The Lighting Plan shall reflect the standards outlined in Section 18.42.150. A corrected
plan shall be submitted for review and approval prior to the contracting, creation of an
SILD and installation of the lights.
(f) Section 18.74.030.B.3 states that prior to final plat approval, subdivision lighting shall be
installed, financially guaranteed or a SILD shall be created and the bonds sold. If the
subdivision lighting is financially guaranteed the lights shall be considered as part of the
required street improvements and building permits shall not be issued until the
improvements are installed.
(g) Section 18.42.180.C requires single-household restricted size lots to be a minimum and a
maximum of 5,000 square feet.
(h) Section 18.48.070 requires the subdivider to install irrigation, sod and street trees on all
external streets and adjacent to public parks or other open spaces.
(i) Section 18.50.080.B requires park boundaries to be delineated at the common
private/public corner pins, with flat, flexible fiberglass posts, a minimum of 6 feet in
length with no less than 2 feet driven into the ground.
(j) Section 18.50.060, requires street frontage along 100% of a park. Huckleberry Drive
must be extended to N. 14th Avenue in order to comply with this standard.
(k) Section 18.78.070.C states that a Memorandum of Understanding shall be entered into
by the Weed Control District and the subdivider for the control of county declared
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Oak Meadows Subdivision – Findings of Fact and Order 8
noxious weeds and a copy provided to the Planning Department prior to Final Plat
approval.
(l) Section 18.78.070.D requires a Final Park Plan to be submitted prior to Final Plat
approval. Four bound copies of the plan shall be submitted to the Planning Office for
review prior to installation of any improvements and prior to Final Plat approval. The
document shall address all of the criteria outlined in Section 18.78.060.P.
(m) The sidewalks adjacent to dedicated parkland shall be a minimum of 6 feet in width to
accommodate City snow removal equipment.
(n) Storm Water Master Plan:
A Stormwater Master Plan for the subdivision for a system designed to remove solids,
silt, oils, grease, and other pollutants from the runoff from the private and public streets
and all lots must be provided to and approved by the City Engineer.
The master plan must depict the maximum sized retention/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.
(o) 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 improvements required for full
development. The Developer will be responsible to complete the necessary system
improvements to serve the full development.
(p) 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.
(q) Any easements needed for the water and sewer main extensions shall be a minimum of
30 feet in width. While the final location of the water and sewer mains will be
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Oak Meadows Subdivision – Findings of Fact and Order 9
determined once the final street widths are approved, in no case shall the utility be less
than 10 feet from the edge of the easement. 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.
(r) 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.
(s) The location of the drive accesses on the adjacent properties shall be shown on the Final
Plat. The drive accesses (including the emergency drive access) shall either line up with
the existing accesses or provide the minimum distance per Section 18.44.090 D of the
Unified Development Ordinance.
(t) Any public street rights of way which are within the boundaries of this subdivision and
for which easements were provided with the Brunton Annexation Agreement shall be
dedicated to the City on the Final Plat for this subdivision. The applicant shall also
dedicate any public streets within the development.
(u) Street names must be approved by the City Engineer and county road office prior to
final plat approval.
(v) City standard curb, gutter and sidewalk shall be provided along all streets in the
subdivision. Per Chapter 18.44.080 of the Unified Development Ordinance, sidewalks
will be installed prior to occupancy of any individual lots.
(w) A schematic signage plan for the subdivision, noting any proposed traffic calming
measures, shall be provided with the design report for review and approval by the City
Engineer.
(x) All typical street sections, including sidewalk location within the right-of-way and
provisions for bicyclists shall be in conformance with the street standards recommended
in the Greater Bozeman Area Transportation Plan, 2001 Update, unless otherwise
approved by the City Commission, or by the City Engineer through the plan and
specification review and approval process.
(y) Oak Street, along the property boundary, shall be improved, as part of this development,
to one half of a principal arterial standard and shall match the section built by Walton
Subdivision. The east half of N. 14th Ave., shall be improved, as part of this
development, to one half of a local standard and shall match the section built by Walton
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Oak Meadows Subdivision – Findings of Fact and Order 10
Subdivision. Juniper St. shall be improved, as part of this development, to a local
standard and shall match the section built by Walton Subdivision. Where one half of a
local street is being built 12 feet of pavement for the opposing lane of travel shall be
provided. City standard curb and gutter, and sidewalk will be required in the standard
location on the development’s side of the street. Detailed review of the street and
intersection design, and approval by the City Engineer will be required as part of the
infrastructure plan and specification review process.
(z) Plans and Specifications for streets and storm drainage facilities, prepared and signed by
a Professional Engineer (PE) registered in the State of Montana shall be provided to and
approved by the City Engineer. 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.
(aa) The location of mailboxes shall be coordinated with the City Engineering Department
prior to their installation.
(bb) 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.
(cc) If construction activities related to the project result in the disturbance of more than 1
acre of natural ground, an erosion/sediment control plan may be required. The
Montana Department of Environmental Quality may need to be contacted by the
Applicant to determine if a Stormwater Discharge Permit is necessary. If a permit is
required by the State, the Developer shall demonstrate to the City full permit
compliance.
(dd) 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 18.74.020.A.1 of
the Unified Development Ordinance. This shall be submitted as part of the final site
plan for site developments, or with the infrastructure plans for subdivisions. It shall be
the responsibility of the applicant to ensure that the construction traffic follows the
approved routes.
(ee) All construction activities shall comply with section 18.74.020.A.2. of the Unified
Development Ordinance. This shall include routine cleaning/sweeping of material that
is 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.
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Oak Meadows Subdivision – Findings of Fact and Order 11
(iii) - Compliance with the local subdivision review procedures provided in Part 6 of the
Montana Subdivision and Platting Act..
The public hearing before the Planning Board and public hearing before the City Commission have
been properly noticed, as required by the Bozeman Unified Development Ordinance. The notice was
mailed to all adjoining property owners by certified mail, mailed by first class mail to all owners within
200 feet who were not immediately adjacent to the subject parcel, and noticed in the Bozeman Daily
Chronicle. Based on the recommendation of the D.R.C. and other applicable review agencies, public
testimony received on the matter, and consideration of the adopted growth policy and subdivision
regulations, the Bozeman Planning Board forwarded a recommendation in a Resolution to the
Bozeman City Commission who made the final decision on the applicant’s request.
76-3-608.3.c, M.C.A.
(c) - Provision for easements for the location and installation of any planned utilities.
All utilities and necessary utility easements will be provided and depicted accordingly on the final
plat for each phase.
76-3-608.3.d, M.C.A.
(d) - Provisions of legal and physical access to each parcel.
All lots within the major subdivision will have direct access onto dedicated public streets.
XIII.
After considering all matters of record presented at the public hearings, the City Commission
found that the proposed preliminary plat for Oak Meadows Subdivision to subdivide 20± acres and create
52 residential lots, would comply with the requirements of the Bozeman Area Subdivision Regulations and
the Montana Subdivision and Platting Act if certain conditions were imposed and compliance with
specified adopted City standards was provided.
ORDER
IT IS HEREBY ORDERED, on a vote of 3-2, that the Preliminary Subdivision Plat to subdivide
20± acres and 52 residential lots to be known as Oak Meadows Subdivision has been found to meet the
primary criteria of the Montana Subdivision and Platting Act, Bozeman 2020 Community Plan, and
Bozeman Unified Development Ordinance and is therefore approved, subject to the conditions listed
below and correction of code deficiencies noted in these findings. 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
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Oak Meadows Subdivision – Findings of Fact and Order 12
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.
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.
1. The applicant shall comply with all provisions of the Bozeman Municipal Code, which are applicable
to this project. The applicant is advised that unmet code provisions, or code provisions that are not
specifically listed, does not, in any way, create a waiver or other relaxation of the lawful requirements
of the Bozeman Municipal Code or state law.
2. Buildings proposed for construction with crawl spaces or basements shall include Engineer
Certification regarding depth of ground water and soil conditions and proposed mitigation methods to
be submitted with each Building Permit. The final plat shall include a notation that due to high ground
water conditions full or partial basements are not recommended.
3. Cash in lieu of water rights, as calculated by the Director of Public Service, is due with the final plat.
4. The landscaping required within the 50 foot Class I Entryway Corridor, as outlined in the Design
Objectives Plan, shall be installed by the subdivider prior to Final Plat or financially guaranteed.
5. The storm water detention/retention facilities shall be designed to occupy less than 1/3 of the 50 foot
Class I Entryway Corridor setback and in an organic form designed as a landscape feature.
6. All right of way and parking lot area shall be deducted from the total parkland dedication. These areas
shall not be dedicated on the Final Plat.
7. The Home Owners Association shall be responsible for maintenance of the park, park fixtures, trails,
etc., until such time that a Park Maintenance District or similar form of funding is established.
8. That the applicant execute at the Gallatin County Clerk & Recorder’s Office a waiver of right-to-
protest creation of a SID for a City-wide Park Maintenance District, which would provide a
mechanism for the fair and equitable assessment of maintenance costs for City parks as part of the
Final Plat submittal.
9. A plat note shall indicate that any future non-residential development on Lot 1, Block 4 or Lot 1,
Block 5 will require PUD review and approval.
10. Light fixtures adjacent to fire hydrants shall be installed with a minimum 5 foot separation.
11. This subdivision is in the payback district for the water main and sewer main in N. 14th Ave and for
the east portion of the N. 14th Ave. street improvements. Payment of the payback is due prior to Final
Plat approval.
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Oak Meadows Subdivision – Findings of Fact and Order 13
12. Engineering staff does not support the requested deviation to initially allow full access for Lilac
Avenue and in the future to restrict it to partial access. Instead, Lilac Avenue is to be limited to a
partial access with a traffic control island to restrict access to right in – right out only.
13. A detailed Traffic Impact Study for the Oak Meadows Subdivision has been provided to and reviewed
by the City Engineer’s office. Additional information is needed prior to approval of the improvements.
The Traffic Impact Study shall also provide recommendations for mitigation of the levels of service
less than D at the intersections of Oak Street and North 19th Avenue and Oak Street and North 7th
Avenue.
14. No direct access from single family or duplex lots to Oak Street will be approved.
15. If not provided already for the entire subdivision, the applicant shall provide and file with the County
Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement
Districts (SID’s) for the following:
a. Street improvements to Oak Street; including but not limited to paving, curb and gutter,
sidewalk, and storm drainage improvements.
b. Signalization of the intersection of Oak Street and North 19th Avenue.
c. Signalization of the intersection of Oak Street and North 15th Avenue.
d. Signalization of the intersection of Oak Street and North 14th Avenue.
e. Signalization of the intersection of Oak Street and North 7th Avenue.
The document filed shall specify that in the event an SID is not utilized for the completion of these
improvements, the developer agrees to participate in an alternate financing method for the completion
of said improvements on a fair share, proportionate basis as determined by square footage of property,
taxable valuation of the property, traffic contribution from the development, or a combination thereof.
The preliminary approval of this subdivision shall be effective for three (3) years from the date of
Preliminary Plat approval, July 5, 2008. At the end of this period the City Commission may, at the request
of the subdivider, extend its approval for not more than one (1) calendar year. However, preliminary
approval may be extended for more than one (1) calendar year if the developer enters into, and secures, an
Improvements Agreement for the Subdivision.
DATED this day of , 2007
BOZEMAN CITY COMMISSION
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Oak Meadows Subdivision – Findings of Fact and Order 14
JEFF KRAUSS, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________
Brit Fontenot, City Clerk Paul Luwe, City Attorney
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