HomeMy WebLinkAbout13- Panache Properties LLC Findings of Fact and Order City of oze n +pity Clerk r
P.O. Box 1230
Bozeman, MT 59771-1230 2482080
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Charlotte Mills - Gallatin County. MT Ml SC
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BEFORE THE BOZEMAN CITY COMMISSION
IN THE MATTER. OF THE APPLICATION OF
PANACHE PROPERTIES, LLC FOR PRELIMINARY FINDING OF FACT
PLAT REVIEW OF THE KAGY GARDEN MINOR AND
SUBDIVISION WITH VARIANCE FROM REQUIRED CONCLUSIONS OF LAW
WETLANDS SETBACKS, CITY OF BOZEMAN,
GALLATIN COUNTY, MONTANA
PURSUANT to the Montana Subdivision.. and Platting tact, Section 76-3-101 through 76-
3-625, Montana Codes Annotated, City of Bozeman Growth Policy, and the Bozeman Unified
Development Code, public hearings were scheduled, after notice given, before the Bozeman
Wetlands Review Board on July 24, 2013, and before the Bozeman City Commission on august
26, 2013, on the above-entitled application. The applicant presented to the City Commission a
proposed preliminary plat to subdivide two (2) existing lots containing 2.7172-acres to create
five (5) single household residential lots.
The purpose of the public hearings was to consider all relevant evidence relating to public
health, safety, and welfare, including the required supplemental information and
recommendation of the Wetlands Review 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:
The Kagy Carden Minor Suhdivisim —Ffiidings of Fact altd Order 1
FINDINGS OF FACT
I.
The complete application for the preliminary plat review of The Kagy Garden Minor
Subdivision was submitted to the City of Bozeman Department of Community Development on
June 24, 2013. The preliminary subdivision plat, as proposed, will subdivide 2.7172-acres and
create a minor subdivision containing five (5) single household residential lots for development.
The subject property is legally described as described as the Southeast One-Quarter (SE '/4) of
Section 18, Township Two South (T2S), Range Six East (R6E), City of Bozeman, Gallatin
County, Montana. The property is generally located northwest of the corner of Kagy Boulevard
and Sourdough Road,
11.
A notice of public hearing before the City of Bozeman City Commission was published
in the Bozeman Daily Chronicle on Sunday, August 11, 2013. The site was posted with a public
notice on August 8, 2013. Public notice was sent to adjacent property owners via certified mail,
return receipt requested, and to all other property owners of record within 200 feet of the subject
property via first class mail, on August 8, 2013.
Ill.
The Department of Community Development Staff reviewed the project and the evidence
which justified the imposition of conditions, recommendations of the Development Review
Committee and local review agencies and the design of the minor subdivision, zoning, existing
infrastructure, physical features, and variance request.
The Department of Community Development Staff reported that three public comments
had been received prior to the hearing in response to the noticing on the matter of this
preliminary plat application and were entered into the record.
IV.
Pursuant to the review authority established by Section 38.34.010, Bozeman Municipal
Code (BMC), the Wetlands Review Board (WRB) met on July 24, 2013 to review wetland
related submittal materials, prepare functional assessments of regulated wetlands that may be
impacted by proposed regulated activities, evaluate the impacts proposed regulated activities
The Kagy Garden MiII01' SUbdivisim -Fitidiiigs of Fact ajid Order 2
may have on delineated wetlands and to provide wetlands protection, mitigation and/or
enhancement recommendations regarding such proposals.
Based on the information provided by the applicant, comments received from Matt
I-lausauser, C&H Engineering, and Lynn Bacon TerrQuatics, LLC the WRB assessed the
condition of the wetlands and the existing conditions on the subject property. The WRB
considered the slope, existing vegetation, surrounding typography, proximity to hydrologic
features and the intent of the Regulations and location of the development in their discussion.
Numerous suggestions to maintain wetland and watercourse health were presented and
discussed. The WRB, with feedback from the Applicant, determined the most effective means to
protect the integrity of the wetlands and water quality and create functional development areas
for the subdivision made the following suggestions:
1. Subdivider to provide a 10 foot setback from the top of the bank of Lots 2-5 and extend
to where the 10 foot setback intersects with elevation 4910 on Lot 1; at the point of
intersection the required 75 foot watercourse setback applies for the remainder of Lot 1.
Applicant will modify the Preliminary Plat to accurately show the setback on the face of
the Plat. In addition, the location of setback on Lot 1 will be marked in a manner to
insure no construction disturbance will occur in the recommended setback area. The
suggested setback effectively creates a 30-foot setback from the edge of the delineated
wetland, with the exception of Lot I where the 75-foot watercourse setback applies,
generally.
2. To protect the integrity of the banks of the slope require the Subdivider to construct a
wildlife friendly barrier or fence to mitigate potential disturbance of the slope by
residents of the development. Strict construction Best Management Practice (BMP's) to
be in place and enforced.
3. Require lot owners to construct a subsurface retention/detention facility to provide water
recharge and accommodate surface water runoff caused by the construction of
impermeable surfaces on each Lot to be constructed by the Lot owner. The subsurface
storm water management system replaces the proposed individual water retention ponds
proposed by the Applicant.
4. With the no vegetation disturbance within the 10 foot setback area there will be minimal
impacts to slope or vegetation on the slope.
The Kagy Garden Mi]101- Subdivision— Fiiidiiigs of Fact and Order 3
Based on the aforementioned suggested conditions of approval the WRB found that the
Applicant mitigated potential negative impacts caused by the subdivision and recommended the
City Commission grant the Applicants variance request for setback requirements from
jurisdictional and non jurisdictional wetlands.
V.
The matter of the preliminary plat application for the Nagy Garden Minor Subdivision
was considered by the City Commission at a public hearing on August 26, 2013 at which time
the Department of Community Development Staff reviewed the project and forwarded the
Wetlands Review Board's recommendation of conditional approval of the variance request.
Mark Chandler with C&H Engineering and Surveying, Inc., representing Panache
Properties, LLC, discussed the design of the subdivision, the wetland setback request, storm
water retention design and indicated the applicant's agreement with the recommended conditions
of approval.
V1.
The public hearing portion was then opened to hear public testimony on the matter of the
preliminary plat application. Four members of the general public commented on the project
including one property owner. Comment was both for and against the proposed subdivision.
Comment in opposition focused on water quality while a comment in support suggested storm
water retention and detention facilities are more than sufficient. Seeing no further public
testimony, the City Commission then closed the public comment portion on the matter of the
preliminary plat application.
V11.
The City Commission then considered the minutes of the Wetlands Review Board
meeting, Department of Community Development staff report, public record, the applicant's
testimony, and weighed the proposed subdivision against the primary criteria for consideration of
subdivisions established in 76-3-608, MCA and found as follows:
A. Primary Review Criteria
1. Effects on Agriculture
N/A. The subject property is located in a previously developed urban area.
2. Effects on Agricultural Water User Facilities
The Kagy Garden Minor Subdivisim—Findings of Fact and Order 4
N/A. There are no agricultural water user facilities on this property.
3. Effects on Local Services
Water/Sewer—Municipal water and sewer mains exist in the adjacent street right-of-ways. An 8-
inch water main will connect to the existing 14-inch main on the south side of Kagy Boulevard
and dead end at the northern end of the Cul-de-sac. The City Engineering Department has
reviewed the plans.
Sanitary sewer service will be provided by the City of Bozeman. An 8-inch PVC sanitary sewer
main will connect to the existing 8-inch main below Kagy Boulevard. The City Engineering
Department has reviewed the plans.
Streets — The Development Review Committee has determined that the adjacent streets have
capacity to accommodate this development. A new cul-de-sac will be constructed that will use
an existing access point to Kagy Boulevard. The cul-de-sac will be constructed to local street
standards and will include a 5-foot wide sidewalk and a 7-foot wide boulevard. Road
maintenance for all streets will be provided by the City of Bozeman after improvements have
been accepted by the City. Stormwater runoff will be controlled on site by a retention facility
constructed at the southwest comer of the property as shown on the preliminary plat.
Pursuant to Section 38.24.A.9, BMC, Cul-de-sacs are generally prohibited. The review authority
may consider and approve the installation of a cul-de-sac only when necessary due to
topography, the presence of critical lands, access control, adjacency to parks or open space, or
similar site constraints. Numerous site constraints are present with this subdivision including
topography, wetlands and Bozeman Creek, and the limited connectivity to the existing street
network.
Police/Fire — The property is located within the City's Police and Fire emergency response area.
The subdivider must obtain addresses for the new lots from the City Engineer's Office prior to
filing the final plat to facilitate emergency response to the site.
Stormwater - The standard requirement for a detailed review of the final grading and drainage
plan, and approval by the City Engineer, will be required as part of the infrastructure plan and
specification review process as part of the site plan for this development.
Parklands - No parkland or cash donation in-lieu of land dedication for this subdivision. A first
ininor subdivision is exempt frorii providing parklatid piusuaiit to Sectioti 38,27.020.13, BMC.
4. Effects on the Natural Environment
The buildable area is relatively flat minimizing geologic hazards. There are however, steep
slopes beyond the building pad area sloping into the wetlands and floodplains on the subject
property. The required setbacks mitigate hazards associated with the property.
The buildable area on the fill pad is vegetated. The only identified critical plant communities are
associated with the wetland vegetation which has been addressed above and mitigated with the
proposed wetland setback. Noxious weeds are present and being controlled by the required
Noxious Weed Management Plan. In addition, there is ongoing performance measure required
with the Weed Management Plan to insure control of noxious weeds on site.
The Kagy Garden Mitior Subdivision— Findings of and Order
5. Effects on Wildlife and Wildlife Habitat
There are no known endangered species or critical game ranges on site. The Bozeman Creek
drainage and associated habitat provides a corridor for animal movement although the buildable
area is above and set apart from the habitat. In addition, the 75 foot water course setback in
conjunction with the wetland setbacks provides protection from the more productive habitat area.
Finally, the Montanan Department of Fish Wildlife and Parks has reviewed the preliminary plat
and had no comment on the proposal. Therefore, there are minimal impacts to wildlife or
wildlife habitat with this project.
6. Effects on Public Health and Safety
The intent of the regulations in Chapter 38 of the Bozeman Municipal Code is to protect the
public health, safety and general welfare. The subdivision has been reviewed by the
Development Review Committee which has determined that it is in general compliance with the
title. Any other conditions deemed necessary to ensure compliance were noted within the staff
report.
All subdivisions must be reviewed against the criteria listed in 76-3-60�8.3.b-d, Mont. Code Ann.
As a result, the Department of Community Development reviewed the preliminary plat against
the listed criteria and further provided the following summary review:
B. Compliance with survey requirements provided in Part 4 of the Montana Subdivision
and Platting Act
The property in question has been surveyed and platted in conformance with the Montana
Subdivision and Platting Act and prepared as a preliminary plat in accordance with the State
statute and the Bozeman Municipal Code. Prior to filing of any plat(s) for this subdivision, said
plat(s) 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.
C. Compliance with the local subdivision regulations provided for in Part 5 of the
Montana Subdivision and Platting Act
The final plat shall comply with the standards identified and referenced in the Unified
Development Code (UDC). The applicant is advised that unmet code provisions, or code
provisions that are not specifically listed as a condition of approval, does not, in any way, create
a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State
law.
The following requirements are standards of the UDC and shall be addressed with the final plat
application,
I Pursuant to Section 38.03.040.A.5(f), conditional approval of the preliminary plat shall be
in force for not more than one calendar year. Prior to that expiration date, the applicant
may submit a letter of request for the extension of the period to the Planning Director for
the City Commission's consideration. The City Commission may, at the written request of
the applicant, extend its approval for a mutually agreed upon time. More than one
extension may be requested for a particular subdivision. Each request shall be considered
on its individual merits as provided for in Section 38.03,040.A.5(g), BMC.
The Kagy Garden MillOrSUbdivision —Findings of Fact ajid Order 6
2. Pursuant to Section 38.03.060.A.1, 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 has been satisfactorily addressed, and specifically (tab, page,
paragraph, etc.) where this information can be found.
3. Pursuant to Section 38.23.060.A, all easements, existing and proposed, shall be accurately
depicted and addressed on the final plat and in the final plat application.
4. Pursuant to Section 38.27.090, executed waivers of right to protest the creation of special
improvement districts (SIDs) for a park maintenance district will be required to be filed and
of record with the Gallatin County Clerk and Recorder.
5. Section 38,41,050,A.9 requires that any noxious weeds be identified and mapped by a
person with experience in weed management and knowledgeable in weed identification. A
noxious weed management and revegetation plan, approved by the County Weed Control
District, shall be submitted with the final plat.
6. When applicable, the final covenants, conditions, restrictions and easements shall be
submitted with the final plat application for review and approval by the Planning
Department and shall contain, but not be limited to, the provisions required in Section
38.38.020, BMC.
7. Pursuant to Section 38.39.010., if it is the developer's intent to file the final plat prior to
installation, certification, and acceptance of all required improvements by the City of
Bozeman, 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.
D. Compliance with the local subdivision review procedures provided in Part 6 of the
Montana Subdivision and Platting Act
A subdivision pre-application was submitted on February 8, 2013. The pre-application was
reviewed by the DRC on March 13, 2013 and summary review comments were forwarded to the
applicant in preparation of the preliminary plat application and granted numerous supplemental
information waivers under 38.41.060, BMC.
A complete preliminary plat application was submitted on June 24, 2013 and deemed acceptable
for initial review on July 3, 2013. The preliminary plat was reviewed by the DRC on July 17, 24,
and 31, 2013. On July 24, 2013 the DRC, WRB, and Staff determined the submittal contained
detailed, supporting information that is sufficient to allow for the review of the proposed
subdivision. On July 24, 2013 the Wetlands Review Board met and considered the Applicant's
request for a variance from wetlands setback requirements. Both the WRB and the DRC
provided favorable recommendation was forwarded for consideration by the City Commission.
The Kagy Garden Minor Subdivision— Findings of Fact acid Order 7
Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday, August
11, 2013. The site was posted with a public notice on August 8, 2013. Public notice was sent to
adjacent property owners via certified mail, and to all other property owners of record within 200
feet of the subject property via first class mail, on August 8, 2013. One comment letter was
received by the Community Development Department on August 12, 2013. The comment letter
is attached to this report in Appendix G.
On August 15, 2013 this minor subdivision staff report was drafted and forwarded with a
recommendation of conditional approval by the Planning Director for consideration by the City
Commission. The City Commission is scheduled to make a final decision at their August 26,
2013 public hearing. The final decision for a First Minor Subdivision from a Tract of Record
Preliminary Plat must be made within 35 working days of the date it was deemed complete or in
this case by September 18, 2013.
E. 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.
F, Provisions of legal and physical access to each parcel
All of the proposed lots have frontage to the Panache Court with lot frontage meeting minimum
standard shown on the preliminary plat. In addition, as stated in Appendix A, No.6, a one foot
no access strip shall be placed along the southern boundary of any lots that abut Kagy Boulevard
to prohibit direct access to this arterial roadway pursuant to Section 38.24.090, BMC.
VIII.
The City Commission considered the Applicants request for a variance from Section
3 8.23.1 OO.A, BMC, wetlands setbacks requirements. The criteria for granting zoning variances
under Section 38.35.060 apply, In acting on an application for a variance, the review authority
shall designate such lawful conditions as will secure substantial protection for the public health,
safety and general welfare, and shall issue written decisions setting forth factual evidence that
the variance meets the standards of MCA 76-2-323 in that the variance:
1. Will not be contrary to and will serve the public interest;
The Commission found there was sufficient supporting evidence and documentation to grant
the variance request. The Applicant provided detailed and supporting evidence to show the
public interest would be served in Appendix C of the Applicant Submittal. In addition, based
on the underlying zoning classification R-1 (Residential Single Household Low Density),
review by the DRC and WRB, and utilization of municipal services granting the wetlands
setback variance will not be contrary to the public interest. The Bozeman Comm-unity Plan
identify this area for residential development and the property was zoned R-I District.
'"lie Kagy Garden Minor SUbdivisioti -Findiiigs of Fact and Order
Finally, the Commission found the recommendation from the DRC and WRB and adopted
their findings and recommendations which included conditions of approval to modify the
Applicants requested setback to better mitigate impacts on the wetlands and employ Best
Management Practice during construction activities and identify the setback area on the face
of the plat ameliorated any remaining concerns that the proposed subdivision will cause
adverse impacts on the wetlands.
2. Is necessary, owing to conditions unique to the property, to avoid an unnecessary
hardship which would unavoidably result from the enforcement of the literal meaning
of this chapter; and
The subject property was altered by Montana Department of Transportation during the
construction of Kau Boulevard. Cut and fill were moved and deposited in the area creating
the steep slopes between the wetlands and the building area of the subdivision creating the
unique topography. The Applicant provided supporting evidence and documentation in
granting the required variance in a letter dated June 19, 2013 and is included in the Applicant
Submittal under Appendix C. Analysis provided in the Applicant Submittal, Appendix B,
show the comparison of buildable area with and without the standard and proposed setback
areas. As suggested by the WRB and agree to by the Applicant the agreed to setback of 10-
feet from the top of the bank will decrease the buildable area of each lot.
3. Will observe the spirit of this chapter, including the adopted growth policy, and do
substantial justice;
The mitigation provided and agreed to by the Subdivider insures a quality environmental
while allowing both the Applicant and the City of Bozeman to develop according to the
Bozeman Plan and the zoning classification. The proximity of the development to the
Central Business District will not overburden the transportation network and the additional
density will help offset the costs of current and future infrastructure. Therefore, substantial
justice is achieved by granting the requested variance.
4. In addition to the criteria specified above, in the case of a variance relating to the flood
hazard provisions of article 31 of this chapter:
There are no flood hazard provisions being requested. All construction is required to be at
least 2-feet above the base food elevation. In addition no construction or disturbance is being
proposed within the 75-foot stream setback area.
In conclusion the Commission found that requested variance will not be contrary to and
will serve the public interest, is necessary, owing to conditions unique to the property, to avoid
an unnecessary hardship which would unavoidably result from the enforcement of the literal
meaning of this chapter, will observe the spirit of this chapter, including the adopted growth
Tlie Kagy Gai-deii Minor Subdivision - Fitidiiigs of Fact and Ot-der 9
Z1-
policy, and do substantial justice, and the requested variance is not relating to the flood hazard
provisions of article 31 of this chapter and approved the variance request subject to conditions.
IX.
After considering all matters of record presented at the public hearing, the City
Commission found that preliminary plat for The Kagy Garden Minor Subdivision would comply
with the primary review criteria, City of Bozeman Growth Policy, requirements of the Bozeman
Unified Development Code and the Montana Subdivision and Platting Act if certain conditions
were imposed. The evidence, as stated or referenced in this Findings of Fact, justifies the
imposition of the conditions ordered herein to ensure that the final plat complies with all
applicable regulations and all required criteria.
ORDER
THEREFORE, IT IS HEREBY ORDERED, on a vote of 5-0, that the Preliminary
Subdivision Plat of The Kagy Garden Subdivision be approved, subject to the following
conditions:
1. Section 38.28.060,A.3 requires a sign permit to be obtained prior to establishing a
subdivision identification sign or other permanent sign.
2. Section 38.39.030 requires that the applicant shall provide for private improvements
certification by the architect, landscape architect, engineer and other applicable professionals
that all improvements including, but not limited to landscaping, ADA accessibility
requirements, private infrastructure, or other requirement elements were installed in
accordance with the approved site plan, plans and specifications. For your information. This
will be required prior to occupancy following construction.
3. The final plat shall conform to all requirements of the Bozeman Municipal Code (BMC) and
the Uniform Standards for Final Subdivision Plats and shall be accompanied by all required
documents, including certification from the City Engineer that as-built drawings for public
improvements were received, a platting certificate, and all required certificates. The final
plat application shall include three (3) signed reproducible copies on a 3 mil or heavier stable
base polyester film (or equivalent); two (2) digital copies; one (1) PDF copy; and five (5)
paper prints. The applicant is advised that unmet code provisions, or code provisions that are
not specifically listed as conditions of approval, does not, in any way, create a waiver or
other relaxation of the lawful requirements of the BMC or State law.
4. The applicant shall submit with the application for final plat review and approval, a written
narrative stating how each of the conditions of preliminary plat approval and noted code
provisions have been satisfactorily addressed, and shall include a digital copy (pdf) of the
Tlie Kagy Garden Minor Subdivision-Findings of Fact and Order 10
entire final plat submittal. This narrative shall be in sufficient detail to direct the reviewer to
the appropriate plat, plan, sheet, note, covenant, etc, in the submittal.
5. The final plat shall provide all necessary utility easements and shall be described,
dimensioned and shown on the final plat in their true and correct location. Any rear or side
yard utility easements not provided will require written confirmation from ALL utility
companies providing service indicating that rear or side yard easements are not needed.
6. Section 38.26.070 "Landscaping of Public Lands" — Installation by the developer of
vegetative ground cover, boulevard trees, and irrigation system in the public right-of-way
boulevard strips along all external perimeter development streets or other open space areas is
required with the final plat application.
7. All construction activities shall comply with section 38.39.020�.A.2 of the Unified
Development Code. 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.
8. 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 the 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, 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 FSP for each lot.
9. 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
The Kagy Gai-deii Minor Subdivision — Fijiditigs or Fact acid Order I I
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 will be issued prior to substantial completion and Cily acceptance of
the required infrastructure improvements unless all of the requirements of section
38.39.030 D Unified Development Code are met to allow for concurrent construction.
10. 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 plat and in the covenants for the subdivision,
11. The location of existing water and sewer mains shall be properly depicted. Proposed main
extensions shall be noted as proposed.
12, A Stormwater Management Permit (SMP) must be submitted and approved by the City
Engineer prior to construction of public infrastructure improvements. The SMP requires
submittal of an application form, a stormwater management plan, and payment of fees in
compliance with the city's stormwater management ordinance #1763. The SMP is
independent of any other stormwater permitting required from the state of Montana and does
not fulfill the requirement to obtain a general permit for stormwater discharges associated
with construction activity if required under state rules.
13. Water mains longer than 500' in length shall be looped.
14. Easements and R/W located on and adjacent to the site shall be depicted and labeled
appropriately. Distinction between proposed and existing easements shall be made.
15. Water and sewer mains and services shall maintain a minimum horizontal separation of 10'
from landscape trees and lot lighting improvements.
16. 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.
17. The Montana 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 pen-nits (i.e., 310, 404, etc.) shall be obtained prior to construction.
18. 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
Tile Nagy Garden Minor SUbdivisioji— Findings of Fact and Order 12
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.
This City Commission order may be appealed by bringing an action in the Eighteenth
District Court of Gallatin County, within 30 days after the adoption of this document by the City
Commission, by following the procedures of Section 76-3-625, MCA. The preliminary approval
of this subdivision shall be effective for three (3) years from the date of the signed Findings of
Fact and Order approval. At the end of this period the City may, at the request of the subdivider,
grant individual extensions to its approval by the Community Development Director for a period
of not more than two years, or for more than two years by the City Commission.
DATED this 7th day of October, 2013.
BOZEMAN CITY COMMISSION
;EA-4�N�BECKER, Mayor
ATTEST., APPROVED AS O FORM:
ST L�'LMHI,,, its,Clerk &Rt"S ELIVAN, City Attorney
The Kagy Gardeii Mhior Stibdivisioii — H116itys ofll-'act gild Order