HomeMy WebLinkAboutPacket 03-19-2007_25-37_Authorize Mayor to sign Loyal Garden Major Subdivision Findings of Fact and Order
Report compiled on March 2, 2007
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Jody Sanford, Senior Planner
SUBJECT: Loyal Garden Major Subdivision Findings of Fact and Order
MEETING DATE: March 19, 2007
RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the
preliminary plat of Loyal Garden Major Subdivision.
BACKGROUND: On May 22, 2006, the City Commission held a public hearing on an application
for preliminary approval of the Loyal Garden Major 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.
Susan Kozub, Associate Planner, 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.
UNRESOLVED ISSUES: There are no unresolved issues at this time.
ALTERNATIVES: As suggested by the City Commission
CONTACT: Please feel free to email Jody Sanford at jsanford@bozeman.net if you have any
questions.
APPROVED BY: Andrew Epple, Planning Director
Chris Kukulski, City Manager
ATTACHMENTS: Proposed Findings of Fact and Order for the Loyal Garden Major
Subdivision
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Loyal Garden Preliminary Plat Major Subdivision with Variances #P-06014
Findings of Fact and Order Page 1 of 9
BEFORE THE BOZEMAN CITY COMMISSION
GALLATIN COUNTY, MONTANA
IN THE MATTER OF THE APPLICATION OF COVENANT,
LLC, P.O. BOX 11428, BOZEMAN, MT 59719, REPRESENTED
BY INTRINSIK ARCHITECTURE, 428 EAST MENDENHALL
STREET, BOZEMAN, MT 59715 AND TD&H, INC, 215 WEST
MENDENHALL, SUITE C-1, BOZEMAN MT 59715 FOR
PRELIMINARY PLAT APPROVAL OF LOYAL GARDEN
MAJOR SUBDIVISION.
FINDINGS
OF FACT
AND ORDER
This matter came before the Bozeman City Commission on Monday, May 22, 2006, for review
and decision pursuant to the Montana Subdivision and Platting Act, Sections 76-3-101 through 76-3-
625, Montana Codes Annotated (MCA), the City of Bozeman Unified Development Ordinance, and the
City of Bozeman 2020 Community Plan. The applicant’s representatives presented to the Commission a
proposed Preliminary Subdivision Plat with variances to allow approximately 75 acres, located southwest
of the corner of Huffine Lane and Cottonwood Road, to be subdivided into 139 single and two-
household residential lots, 15 mixed multiple household residential and office lots, and the remaining
area as parks, open spaces, streets, and alleys as submitted in its original form on March 3, 2006. The
requested variances were from Sections 18.42.060.D.4 and 18.42.080.C, to allow stormwater to
discharge into an agricultural water user facility/irrigation ditch and from Section 18.44.080 “Sidewalks”
to allow paved trails as a substitute for sidewalks in parkland where a standard sidewalk and a trail would
be in close proximity to one another. The Commission held a public hearing on the preliminary plat with
variances and considered all relevant evidence relating to the public health, safety, and welfare, including
the recommendation of the planning board, to determine whether the plat should be approved,
conditionally approved, or disapproved.
It appeared to the Commission that all parties 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 Commission makes the following Findings of Fact, as required:
FINDINGS OF FACT
I.
On March 3, 2006, Intrinsik Architecture, 428 East Mendenhall Street, Bozeman, MT 59715
and TD&H, Inc., 215 W. Mendenhall, Suite C-1, Bozeman MT 59715 submitted a preliminary plat
application for a major subdivision. The property is legally described as Tract 1 of Certificate of Survey
No. 24 and all of the parcels of Certificate of Survey No. 25, located in the northeast quarter of Section
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Findings of Fact and Order Page 2 of 11
16, T2S, R5E, PMM, Gallatin County, Montana. The 75-acre subject property is located southwest of
the intersection of Huffine Lane and Cottonwood Road. The property is still in the Gallatin County
Bozeman Area Zoning District with a zoning designation of AS (Agricultural Suburban District);
however, it has been approved for annexation to Bozeman City Limits with a mix of initial municipal
zoning designations including: 22.8 acres of R-1 (Residential Single Household, Low Density District);
27.6 acres of R-2 (Residential Two Household, Medium Density District); 10.6 acres of R-3 (Residential
Medium Density District); 4 acres of R-4 (Residential High Density District); and 10 acres of R-O
(Residential Office District).
II.
The comments of the Development Review Committee, along with those of Department of
Planning & Community Development Staff and other agencies, were incorporated into a staff report
with suggested conditions of approval, which was provided to the City of Bozeman Planning Board.
III.
Notice of the time and date of the public meeting and public hearing was mailed to adjoining
property owners and posted at the site on April 14, 2006. Said notice was also printed in the newspaper
on April 16, 2006. Said notices served to inform interested persons that materials were available for
review at the Bozeman Department of Planning & Community Development.
The City of Bozeman Planning Board opened the public hearing on May 2, 2006. The Planning
Board found that the application was properly submitted and reviewed under the procedures of the City
of Bozeman Unified Development Ordinance. Staff presented the staff report and the evidence which
justified the imposition of conditions.
The applicant’s representatives made a formal presentation in favor of the requested subdivision.
The Planning Board then opened the public meeting. One nearby property owner commented
on access, city services, and the watercourse and high groundwater. A member of the Gallatin Valley
Land Trust commented on the trail systems. The Planning Board then closed the public meeting and
discussed the application in more detail.
The City of Bozeman Planning Board then moved to recommend approval of the subdivision
and the variance from Sections 18.42.060.D.4 and 18.42.080.C to allow stormwater to discharge into an
agricultural water user facility/irrigation ditch but NOT the variance from Section 18.44.080 to allow
paved trails as a substitute for sidewalks. The motion passed on a vote of 8 in favor and 0 in opposition.
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Findings of Fact and Order Page 3 of 11
IV.
The application was considered by the Bozeman City Commission at its regular meeting on May
22, 2006, at which time the recommendation of the Planning Board and information compiled by City
Staff was reviewed.
V.
The application was considered by the Bozeman City Commission and weighed against the
review criteria established by Statute, and found as follows:
A. Effects on agriculture, agricultural water user facilities, local services, the natural
environment, wildlife and the wildlife habitat, and public health and safety.
The property is currently utilized for agriculture but has been approved for a Growth Policy
designation of “Residential.” Municipal water, sewer, roads and emergency services will be
provided to the property. The subdivision must be designed to ensure adequate water, sewer,
and street capacity exist to support the proposed densities and uses.
B. Compliance with the following:
1. The survey requirements provided for in Part 4 of the Montana Subdivision and
Platting Act.
The subdivision currently complies and will remain in compliance with survey requirements
of the Act.
2. 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 Ordinance. 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 Bozeman Municipal
Code or state law. The following requirements are standards of the Unified Development
Ordinance and shall be addressed on the final plat:
(a) The Final Plat must be in compliance with all requirements of Chapter 18.06 “Review
Procedures for Subdivisions” including that the Final Plat must be submitted within
three (3) years of City Commission approval for major subdivisions.
(b) Section 18.42.060.B requires all easements to be described, dimensioned and shown on
the Final Plat in their true and correct location.
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Findings of Fact and Order Page 4 of 11
(c) The Lighting Plan shall reflect the standards outlined in Section 18.42.150. A corrected
plan including both existing and proposed street lights shall be submitted for review and
approval prior to the contracting, creation of an SILD, and installation of any lights. All
of the lights, including the bollard lights, shall conform to City’s requirements for cut-
off shields. All subdivision lighting shall be operated and maintained through the
creation of a new SILD (Special Improvements Lighting District), through the
annexation to an existing SILD or through some other equivalent means approved by
the City of Bozeman. Required street lights must be installed or financially
guaranteed prior to building permit approval. Occupancy requests will not be
approved prior to City Commission acknowledgement of the SILD.
(d) 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. A landscape plan
shall be submitted, identifying the location and tree species to be installed by the
developer, prior to installation of the trees or by final plat, whichever comes first.
(e) In reference to the warehouse, Section 18.60.010.D requires that whenever a lawful
nonconforming use of a building, structure, or land is discontinued for a period of 90
days, any future use of the building, structure, or land shall be in conformity with the
provisions of this title.
(f) All improvements are subject to Chapter 18.74 “Improvements and Guarantees.” 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
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.
(g) The Final Plat must be in compliance with all requirements of Section 18.78.070 “Final
Plat,” including, but not limited to the following items:
i. 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 noxious weeds and a copy provided to the Planning Department prior to
Final Plat approval.
ii. The final plat submittal shall include all required documents, including certification
from the City Engineer that as-built drawings for public improvements were
received, a platting certificate, and all required and corrected certificates. The final
plat application shall include four (4) signed reproducible copies on a stable base
polyester film (or equivalent); two (2) digital copies on a double-sided, high density
3½-inch floppy disk or compact disk; and five (5) paper prints.
(h) Stormwater Master Plan: A Stormwater Master Plan for the subdivision for a system
designed to remove solids, silt, oils, grease and other pollutants from the runoff from
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Findings of Fact and Order Page 5 of 11
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 basin location,
show location of and provide easements for adequate drainage ways within the
subdivision to transport runoff to the stormwater receiving channel. The plan shall
include sufficient site grading and elevation information (particularly for the basin site,
drainage ways and finished lot grades), typical stormwater detention/retention basin and
discharge structure details, basin sizing calculations and a stormwater maintenance plan.
Any stormwater ponds located within a park or open space shall be designed and
constructed to be conducive to the normal use and maintenance of the open space.
Stormwater ponds for runoff generated by the subdivision (e.g., general lot runoff,
public or private streets, common open space, parks, etc.) shall not be located on
easements within privately owned lots. While the runoff from the individual lots will be
dependent on the intensity of use on each lot, the maximum sizing of the storm
retention facilities for each lot will be established based on maximum site development.
Final facility sizing may be reviewed and reduced during design review of the Final Site
Plans for each lot.
(i) Plans and specifications and a detailed design report for water and sewer main
extensions, storm sewer and the public street, prepared by a Professional Engineer, shall
be provided to and approved by the City Engineer and the Montana Department of
Environmental Quality. The Applicant shall also provide Professional Engineering
services for construction inspection, post-construction certification, and preparation of
mylar record drawings. Construction shall not be initiated on the public infrastructure
improvements until the plans and specifications have been approved and a pre-
construction conference has been conducted. No building permits shall be issued
prior to substantial completion and City acceptance of the required infrastructure
improvements.
(j) All infrastructure improvements including 1) water and sewer main extensions, and 2)
public streets, curb/gutter, sidewalks fronting parks, open space, rear yard frontages or
other non-lot frontages, and related storm drainage infrastructure improvements shall be
financially guaranteed or constructed prior to Final Plat approval. City standard
residential sidewalks shall be constructed on all public street frontages of a property
prior to occupancy of any structure on the property. Upon the third anniversary of the
plat recordation of any phase of the subdivision, any lot owner who has not constructed
said sidewalk shall, without further notice, construct within 30 days said sidewalk for
their lot(s), regardless of whether other improvements have been made upon the lot.
This condition shall be included on the final plat for the subdivision.
(k) The location of existing water and sewer mains shall be properly depicted. Proposed
main extensions shall be noted as proposed.
(l) The Montana Fish, Wildlife and Parks, SCS, Montana Department of Environmental
Quality and Army Corps of Engineer's shall be contacted regarding the proposed
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Findings of Fact and Order Page 6 of 11
project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be
obtained prior to Final Plat approval.
(m) Ditch relocation:
a) The Montana Fish, Wildlife and Parks shall be contacted by the Applicant
regarding the proposed relocation and any required permits (i.e., 310, 404,
Turbidity exemption, etc.) shall be obtained prior to FSP approval.
b) The Applicant shall comply with all parts of section 18.42.060.D for any ditch
relocation.
(n) Easements for the water and sewer main extensions shall be a minimum of 30 feet in
width, with the utility located in the center of the easement. In no case shall the utility
be less than 10 feet from the edge of easement.
(o) Project phasing shall be clearly defined including installation of infrastructure.
(p) The developer shall make arrangements with the City Engineer's office to provide
addresses for all individual lots in the subdivision prior to filing of the final plat.
(q) 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.
(r) 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.
3. The local subdivision review procedure provided for in Part 6 of the Montana
Subdivision and Platting Act.
The Planning Board and City Commission hearings have been properly noticed, as required
in the Unified Development Ordinance.
C. The provision of easements for the location and installation of any planned utilities.
All existing and proposed utilities and necessary utility easements will be provided and depicted
on the final plat.
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Findings of Fact and Order Page 7 of 11
D. The provision of legal and physical access to each parcel within the subdivision and the
required notation of that access on the applicable plat and any instrument of transfer
concerning the parcel
All lots within the subdivision will have direct access to dedicated public streets.
ORDER
After considering all matters of record presented at the public hearing, the Bozeman City
Commission found that the proposed subdivision would comply with the adopted Growth Policy, the
requirements of the City of Bozeman Unified Development Ordinance, 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.
THEREFORE, IT IS HEREBY ORDERED that the Preliminary Subdivision Plat for Loyal
Garden Major Subdivision, owned by Covenant, LLC, D. Madill, P.O. Box 11428, Bozeman, MT
59719, represented by Intrinsik Architecture, 428 East Mendenhall Street, Bozeman, MT 59715 and
TD&H, Inc, 215 W. Mendenhall, Suite C-1, Bozeman MT 59715 to allow approximately 75 acres,
located southwest of the corner of Huffine Lane and Cottonwood Road, to be subdivided into 139
single and two-household residential lots, 15 mixed multiple household residential and office lots, and
the remaining area as parks, open spaces, streets, and alleys be approved, subject to the code provisions
and the following thirty-eight (38) conditions:
Conditions of Approval:
1. Existing mature vegetation shall be saved and relocated within the subject property, to the
maximum extent feasible.
2. The existing barn shall be maintained in its current location and incorporated into the new site
design. If the barn is not able to be incorporated into the new site design, it shall be relocated to
a within the project boundaries. If a structural report by a professional engineer indicates that
the barn is not feasible to relocate, the developer will be required to complete a Montana
Historic Property Record Form for review by the local and State Historic Preservation Offices
prior to disassembly.
3. Should and cultural materials be inadvertently discovered during construction of this project, the
State Historical Preservation Office (SHPO) and the Bozeman Historic Preservation Office
must be contacted immediately.
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Findings of Fact and Order Page 8 of 11
4. The existing warehouse and residence shall either be connected to municipal water and sewer
upon annexation of the property and availability of service, or removed from the property. The
barn shall also be connected to municipal water and sewer if converted to a use which requires
services.
5. The proposed lift station shall be relocated to be south of the large detention pond and orchard.
If the lift station is proposed within an Entryway Overlay District, it shall be subject to the
Bozeman Design Objectives Plan and must be reviewed and approved by Administrative Design
Review Staff prior to construction.
6. A declaration of the most recent covenants, with the corrections outlined by Staff, must be
included and recorded with the Final Plat.
7. Water rights, or cash-in-lieu thereof, shall be provided and paid for prior to final plat approval.
If the final plat of the subdivision is filed in phases, water rights will only be required for each
phase as the final plat for that phase is filed. The amount of water rights required will be
determined by the Director of Public Service based on the proposed final plat(s).
8. The dedicated parkland shall be identified as “Public Park” on the final plat and the common
open space access strips and pocket parks shall be overlaid with a public access easement.
Provisions within the covenants shall provide for the care and maintenance of these areas, which
will ensure usability for the homeowners and general public.
9. 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.
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 conditions 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.
11. The west half of Cottonwood Road including any required utility extensions shall be constructed
along the frontage of the subdivision including tapers meeting AASHTO requirements to
transition back to the existing road width. Any signalization, geometric or other offsite
improvements identified in the TIA for the project shall be completed as well. All
improvements to Cottonwood Road and Huffine Lane shall be completed in their entirety with
Phase 1 of the development.
12. A one-foot “No Access Strip” shall be shown on the plat along the entire lot frontage of
Huffine Lane and Cottonwood Road.
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Findings of Fact and Order Page 9 of 11
13. Sewer and water main stubs shall be provided across Cottonwood on both the north and south
end of the subdivision for future extension to serve the properties to the south and east.
14. The subdivision shall be fed from at least two separate offsite connections to the existing
municipal water system.
15. The master planned 12-inch water main shall be installed along the entire north south frontage
of the subdivision. Routing it through the subdivision as shown is acceptable.
16. The water main in the Huffine right-of-way shall be extended to the western boundary of the
subdivision.
17. The sewer shall connect to the existing system on the extension of Yellowstone Avenue as
shown in the master plan. The Huffine crossing shall be made with the master planned 12-inch
gravity main, not the proposed force main.
18. The sewage lift station should be located as far as practical from building sites to minimize odor
or noise complaints. The lift station shall be sized to collect the area that cannot gravity feed to
the connection on Yellowstone. The final service area for the lift station shall be reviewed and
approved by the City Engineer as part of the design report.
19. The lift station shall include a SCADA system compatible with the City’s existing system. An
autodialer will not be acceptable. The lift station shall also include backup power capable of
running the entire station including both pumps. A wet well/dry well type station will not be
acceptable. It shall be a wet well configuration with submersible pumps.
20. The lift station shall be located outside of the Baxter Creek 100-year floodplain.
21. Year round paved access must be provided to the lift station. The access, lift station, and force
main must either be on separate lots dedicated to the city, or contained within easements.
22. The property owners dependent on the sewage lift station shall be responsible for financing the
costs of its operation and maintenance, which will be the responsibility of the City. The
applicant shall agree in writing to a surcharge to cover the costs of operating and maintaining the
lift station. The agreement shall be filed with the final plat and shall apply to all heirs,
successors, and assigns. The agreement shall be subject to approval by the City Engineer and
the City Attorney.
23. Any air relief valves on the sewer force main shall be accessible by the City’s flusher truck. This
may require turnout(s) to be constructed at the location of the valves.
24. An access permit shall be obtained from MDT for the street connecting to Huffine Lane. Utility
occupancy permits shall be obtained from MDT for the water and sewer infrastructure within
the state right of way.
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Findings of Fact and Order Page 10 of 11
25. The 100-year floodplain shall be delineated for Baxter Creek along the entire length of the
subdivision. The floodplain shall be shown on the final plat. If the limits of the flooding
encroach onto any proposed lots, minimum floor elevations for any structures on the lots shall
be specified. The delineation must be based on post development conditions for the area within
the drainage basin.
26. The variance requested to discharge subdivisions stormwater from the detention ponds to
irrigation facilities is not supported by staff unless written permission is obtained from the ditch
company.
27. All improvements necessary to provide adequate level of service at the analyzed intersections
must be installed or financially guaranteed prior to filing of the plat for each phase. No building
permits will be issued for a phase until all improvements required for the phase are installed and
accepted. Approval must be obtained from the Montana Department of Transportation of the
TIS and for all improvements along Huffine Lane.
28. The drive access onto Cottonwood between Alpha Drive and Huffine Lane shall be eliminated
unless the information required by section 18.44.090.H of the Unified Development Ordinance
to grant a deviation is provided to and approved by the City Engineer.
29. Reciprocal access and parking easements shall be provided for Lots 1, 2, and 3 of Block 1.
30. City standard sidewalks shall be installed along all street frontages. The trails and the sidewalks
may be combined into one facility that is 10 feet wide and constructed of concrete. The
combined walk may vary from the standard location (i.e. meander), but at the furthest, shall be
no more than 15 feet from the right-of-way.
31. Main extensions may be required into the larger multifamily lots rather than the multiple services
that are preliminarily proposed. Final review and approval will be completed with the
infrastructure design reports.
32. The proposed alignment for the municipal utilities along Huffine shall be submitted for review
and approval with the infrastructure design reports.
33. Public street intersection sight triangles including the medians shall be free of plantings which at
mature growth will obscure vision within the sight triangle. Maintenance of the medians shall be
the responsibility of the homeowners association.
34. All sanitary and storm manholes shall be located outside the limits of the proposed roundabouts
and medians. No trees shall be planted within 10 feet of any of the proposed municipal utilities.
35. A schematic signage plan for the subdivision, noting any proposed traffic calming measures shall
be included in the infrastructure design report.
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Findings of Fact and Order Page 11 of 11
36. The Alpha Drive pedestrian/bicycle crossing must be revised and is subject to review and
approval by the Planning Department.
37. Credit for excess parkland or affordable housing may only be applicable for a directly adjacent
subdivision (not a subdivision across Huffine Lane or Cottonwood Road).
38. The Wetlands Review Board (WRB) shall review Preliminary Plat Application #P-06014. If the
WRB recommends any substantive changes (as determined by the Planning Department) to the
subdivision layout, the City Commission shall re-review the Preliminary Plat Application.
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 these Findings by the City Commission,
by following the procedures of Section 76-3-625, MCA. The preliminary approval of this subdivision
and variances shall be effective for one year from the date of adoption of these Findings by the City
Commission. At the end of this period the City Commission may, at the written request of the
subdivider, extend its approval as provided for in the Bozeman Unified Development Ordinance.
DATED this day of , 2006.
BOZEMAN CITY COMMISSION
By: ______________________________
Jeffrey K. Krauss, Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ _________________________________
Brit Fontenot Paul J. Luwe
Clerk of the Commission City Attorney
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