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HomeMy WebLinkAboutSouthbridge Findings of Fact and Order_5 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Tom Rogers, Associate Planner Wendy Thomas, Director of Community Development SUBJECT: Southbridge Major Subdivision Preliminary Plat Modification P14010 Findings of Fact and Order MEETING DATE: September 8, 2014 AGENDA ITEM TYPE: Consent RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the Southbridge Major Subdivision Preliminary Plat Modification Application. BACKGROUND: On June 23, 2014, the City Commission held a public hearing on an application to modify an approved preliminary plat of the Southbridge Major Subdivision. The Commission continued discussion and final action to July 7, 2014. On July 7, 2014 the Commission unanimously (5:0) approved the proposed subdivision application subject to conditions and code provisions 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. To proceed with submitting a final plat application for the initial phase(s) of the subdivision, the applicant must have a dated and signed Findings of Fact and Order. UNRESOLVED ISSUES: Staff is unaware of any unresolved issues. ALTERNATIVES: 1) Approval of the Findings of Fact and Order as drafted. 2) Approval of the Findings of Fact and Order with modifications. 3) As determined by the City Commission. 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. Impact fees will be collected at the time of issuance of building permits for individual lots along with City sewer and water connection fees. Attachment: Findings of Fact and Order Final Plat Report compiled on: August 29, 2014 93 Return to: City of Bozeman City Clerk PO Box 1230 Bozeman MT 59771-1230 Bozeman City Commission Findings of Fact and Order for the Southbridge Major Subdivision; P14010 Public Hearing Date: City Commission meeting is on June 23 and July 7, 2014 Project Description: A preliminary plat for a major subdivision to subdivide 24.255 acres into 69 (previous approval was for 75 lots) single-household residential lots, five (5) Open Space lots, one (1) Park, and with the remaining area as street right of ways. Project Location: The property is generally located southeast of the intersection of West Graf Street and 19th Avenue South. It is legally described as Lot 1 and apportion of Lot 2 of the Amended Plat of Southbridge Phase II Subdivision situated in the Southeast One- Quarter (SE ¼) of Section 23, Township Two South (T2S), Range Five East (R5E), PM.M., City of Bozeman, Gallatin County, Montana. Recommendation: Approval with conditions Recommended Motions: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application P14010 and move to approve the Southbridge Major Subdivision with conditions and subject to all applicable code provisions. Staff Contact: Tom Rogers, Associate Planner Dustin Johnson, Development Review Engineer Agenda Item Type: Action (Quasi-judicial) PROJECT SUMMARY The property owner Shady Lane Ranch, LP, 4399 S 29th Avenue, Bozeman, MT 59718, Applicant Holyoke III, Inc., 9030 N Hess Street #363, Hayden, ID 83835, represented by Madison Engineering, Inc., 895 Technology Blvd., Suite 203, Bozeman, MT 59718 submitted an 94 Findings of Fact & Order for the Southbridge Subdivision Modification P14010 Page 2 of 34 application to subdivide 24.255 acres into 69 residential single-household lots, five (5) Open Space lots, one (1) Park, and with the remaining area as street right of ways. Southbridge Phase II (formally Meadow Creek Phase II) is partially developed. Three phases of Southbridge Phase II have been platted with a third currently being contemplated (Phase III). This phase “Southbridge” is the fourth phase. Southbridge Phase I, Phase 1A, and Phase 2 anticipated that Miller Park would serve as the Neighborhood Center. However, in order to permit platting of these phases an “Interim Park” was dedicated through the use of an easement with proposed parkland improvements to meet minimum parkland requirements with Southbridge Phase I Final Plat (Document No. 245200). The Applicant is requesting to reduce the size of the Interim Park which includes 1.32 acres, retain and develop the remaining park area and convert that area into a permanent park for the residents of Southbridge. The excess parkland dedication provided with this phase of Southbridge is intended to offset the reduction of the Interim Park area. Parkland for Southbridge will be provided by the dedication of a 2.556 acre park. No cash in lieu is proposed or required for this subdivision. The proposed park plan has been reviewed by the Recreation and Parks Advisory Board (RPAB). Additional discussion can be found under Section 6 below and the RPAB summary is attached to this report. The Applicant requests the excess parkland dedication be set aside for park and recreational uses sufficient to meet the needs of the persons who will ultimately reside in the subdivision as allowed by Section 38.27.100, BMC. May 6, 2014 Planning Board Meeting Supplement Please note the following Planning Board discussion considers the original subdivision Plat the Commission reviewed and approved on May 19, 2014. The modified Plat was not reviewed by the Planning Board. The original plan included a request for cash in-lieu of parkland which the Commission did not accept requiring a modification of the original Plat to meet the UDC. The modified plat in response to the conditions of approval by the Commission is what is being reviewed in this report and shown on the attached Preliminary Plat. The Planning Board held a public hearing on this preliminary plat on May 6, 2014. No public comment was received at the public hearing. However, substantial discussion ensued regarding the unresolved issues listed above. The primary focus of the discussion focused on the provision of a neighborhood center and whether or not cash in-lieu of parkland adequately provides for needed recreational facilities for future residents. Due to the review schedule the official meeting minutes are not available at this time. The following discussion is a brief synopsis of the Board’s discussion:  The Planning Board considered the Recreation and Parks Advisory Board (RPAB) recommended approval of the proposed plan. However, the Board noted that the RPAB summary includes concerns about inadequate park land and that Miller Park has not been 95 Findings of Fact & Order for the Southbridge Subdivision Modification P14010 Page 3 of 34 dedicated and may never be dedicated as it is under different ownership. The RPAB comments are attached to this report.  The Board inquired about how much surplus parkland was dedicated with Meadow Creek Phase I and whether or not that surplus may be applied to Southbridge Phase II. Staff’s analysis shows the original Meadow Creek park plan included 20.58 acres, exclusive of wetlands. Total parkland and open space which includes wetlands totaled 49.15 acres. In addition: o Meadow Creek Phase I platted 155 lots and provided 11.809 acres of parkland including Lerner, Ainsworth, and 3 “pocket” parks. o Total parkland dedication requirements for Meadow Creek Phase I as amended is 12.03 acres (401 units at 0.03 acres per dwelling unit). This assumes 8 units per acre for R-3 zoning maximum for multi-household (Section 38.27.020, BMC) lots and a reduction in park requirements from the Amended Plat of Meadow Creek Phase I, Blocks 5 and 9 (128 to 4) and Block 4 (19 to 10). o Therefore, there is no excess parkland available to distribute to future phases of Meadow Creek or Southbridge subdivisions.  The Board continued by commenting on cash in-lieu of parkland and suggested the required amount of parkland would be equivalent to approximately 6 lots. An estimated value of the cash in-lieu is $53,610.16.  Southbridge Phase I, IA, and Phase 2 were granted final plat approval based on parkland area established by the temporary Interim Park which was created by an easement. The Interim Park has bifurcated ownership and will be dissolved. In conclusion the Planning Board moved to recommend approval of the Southbridge Subdivision, and seconded. The motion was amended to strike any requirement for LED light fixtures. The amendment moved and seconded and passed unanimously. Then the Board voted (6:2) to recommend the City Commission approved the Southbridge Subdivision with conditions and code provisions outlined in the staff report. Next the Board moved to approve cash in-lieu of parklands dedication for the Southbridge Subdivision, the motion was seconded. Discussion focused on the needs of the residents and whether or not there is sufficient parkland to accommodate those needs with or without the non- existent Miller Park. In conclusion the Board voted 5:3 to recommend the City Commission accept cash in-lieu of parkland dedication. If the Commission allows Southbridge to utilize parkland dedicated with Meadow Creek Phase I, additional conditions of approval are required to insure that Southbridge pays into its equitable fair share of ongoing park maintenance with the existing Meadow Creek Home Owners Association and creates a mechanism to coordinate those activities. A condition addressing this has been added to the Alternatives. 96 Findings of Fact & Order for the Southbridge Subdivision Modification P14010 Page 4 of 34 Southbridge Subdivision was granted adequacy on March 19, 2014. Pursuant to Section 38.03.040.A.5.a(4), BMC, the Commission has 80 working days to hold a public hearing for subdivision with 50 or more lots. In this case, the public hearing must be held on or before July 11, 2014. The first public hearing was held on May 19, 2014; the Staff Report, submittal, and related application materials are available here. At the Applicant’s request a modification is being made to the approved Preliminary Plat prior to final plat approval. The revised Plat is being considered on June 23, 2014. TABLE OF CONTENTS PROJECT SUMMARY .................................................................................................................. 1 SECTION 1 - MAP SERIES .......................................................................................................... 5 SECTION 2 – REQUESTED VARIANCES ............................................................................... 12 SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL .......................................... 12 SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ...................... 16 SECTION 5 - RECOMMENDATION AND ACTIONS ............................................................. 16 SECTION 6 - STAFF ANALYSIS AND FINDINGS ................................................................. 17 Applicable Subdivision Review Criteria, Section 38.03.040, BMC................................. 17 Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 19 Preliminary Plat Supplements ........................................................................................... 22 SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 30 APPENDIX A –ADVISORY CODE CITATIONS ..................................................................... 32 APPENDIX B – PROJECT SITE ZONING AND GROWTH POLICY ..................................... 32 APPENDIX C – DETAILED PROJECT DESCRIPTION AND BACKGROUND.................... 33 APPENDIX D – NOTICING AND PUBLIC COMMENT ......................................................... 33 APPENDIX E – OWNER INFORMATION AND REVIEWING STAFF ................................. 34 97 Findings of Fact & Order for the Southbridge Subdivision Modification P14010 Page 5 of 34 SECTION 1 - MAP SERIES Vicinity Map showing adjacent zoning Surrounding Zoning and Land Uses North: Undeveloped land within Southbridge Phase 3 subdivision zoned R-3 (Residential Medium Density District). South: Unannexed agricultural lands zoned A-S (Agricultural Suburban Zoning). East: Unannexed agricultural lands zoned A-S (Agricultural Suburban Zoning). West: Undeveloped land within Meadow Creek subdivision zoned R-3 (Residential Medium Density District). 98 Findings of Fact & Order for the Southbridge Subdivision Modification P14010 Page 6 of 34 99 Findings of Fact & Order for the Southbridge Subdivision Modification P14010 Page 7 of 34 100 Findings of Fact & Order for the Southbridge Subdivision Modification P14010 Page 8 of 34 101 Findings of Fact & Order for the Southbridge Subdivision Modification P14010 Page 9 of 34 Figure 1: Initial Approved Southbridge Plat – June 2, 2014, does not depict dedication of adequate parkland. 102 Findings of Fact & Order for the Southbridge Subdivision Modification P14010 Page 10 of 34 Figure 2: Modified Southbridge Plat with sufficient parkland dedication. 103 Findings of Fact & Order for the Southbridge Subdivision Modification P14010 Page 11 of 34 Figure 3: Revised Southbridge Park Plan Schematic showing response to Commission action to not accept cash-in-lieu of parkland 104 Findings of Fact & Order for the Southbridge Subdivision Modification P14010 Page 12 of 34 SECTION 2 – REQUESTED VARIANCES No variances are requested as noted in the Executive Summary. 1) No variances are being requested. SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. Recommended Conditions of Approval: 1. The Final Plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey and Subdivision Plats (24.183.1104 and 24.183.1104 ARM) 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 and corrected 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 Gallatin County Clerk & Recorder’s office has elected to continue the existing medium requirements of 2 mylars with a 1½” binding margin on one side for both plats and COS’s. The Clerk and Recorder will file the new Conditions of Approval sheet as a separate document from the Plat. This accompanying sheet may either be on a same sized mylar sheet or a letter or legal paper document with up to 11x17 exhibits. 2. The applicant shall submit with the application for Final Plat review and approval, a written narrative stating how each of the conditions of preliminary plat approval and noted code provisions have been satisfactorily addressed, and shall include a digital copy (pdf) of the entire Final Plat submittal. This narrative shall in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. 3. 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. 4. Phasing for the major subdivision shall be clearly delineated using phase letters, in-lieu of numbers (i.e., Phase 2A, 2B, 2C and 2D). 5. The homeowner’s association documents shall reference a 25-foot yard setback along South 19th Avenue pursuant to Section 38.21.060.C.2, BMC. 6. The sidewalk on the west side of South 20th Avenue north from Chipset Street to the termination point of South 20th Avenue Shall be constructed to a City standard six foot width. 7. All park lands including linear parkways shall be titled “Public Park” on the final plat. The open space shall be titled “Open Space, Public Access”. Notes shall be included on the plat describing ownership and maintenance responsibility for both the park and open space areas. 105 Findings of Fact & Order for the Southbridge Subdivision Modification P14010 Page 13 of 34 8. Documentation of compliance with the parkland dedication requirements of Section 38.27.020, BMC shall be provided with the final plat. A table showing the parkland requirements for the subdivision and the method of meeting the parkland dedication shall be included on the final plat, or other recordable document acceptable to the City of Bozeman. This table shall include but not be limited to listing all dedicated parkland requirements, parkland or parkland credits and areas not credited towards parkland (i.e., detention/retention areas, watercourse setbacks, wetlands, common open space, parking facilities) and the total area of each. The applicant shall provide a minimum of 2.07 acres of dedicated parkland or equivalent thereof with the major subdivision. This amount is calculated based on 69 single household residential lots at 0.03 acres per dwelling of dedicated parkland. The final plat, property owner’s association documents (POA), and park master plan may not include any reference to “dedicated” open space and Public Park; rather if the areas designated as such on the preliminary plat are to be common open space owned by the POA or a park owned by the POA, or a combination thereof the plat, POA documents and park master plan must specifically designate them as common open space owned by the POA, etc. unless the applicant intends to dedicate public parkland within the subdivision. 9. The Final Park Plan(s) shall include: a. Current and future site plan(s) for the entire property with the current plan showing developer installed improvements and the future plan showing any planned improvements not intended to be installed by the developer; b. The location of watercourse setbacks, wetland delineation, and wetland fringe; c. Park landscaping plan, prepared by a qualified landscape professional in accordance with §38.41.100 for all parkland areas including linear parkways; d. Trail design and construction showing compliance with adopted City standards and trail classifications; e. The requirement for a preconstruction meeting prior to any site work, including boardwalks, bridges, and trails; f. Appropriate sections from the “Design Guidelines for City of Bozeman Parks”; g. Cost estimate and installation responsibility for all improvements; h. A neighborhood gathering place (pavilion, community building, wetland interpretation and viewing platforms, etc.) and playground equipment in the Neighborhood Center in addition to the standard requirement for boulevard street trees, irrigation, seeding, sidewalks, etc. i. A notation that a building permit will be required for any structural improvements including bridges, boardwalks, and shelter structures. j. Parking area, design and construction drawings showing compliance with adopted City standards including ADA parking and signage. 10. Should the subdivider propose subdivision perimeter fencing, a fencing plan that includes plans and specifications to fence the perimeter of the project shall be provided for review and approval prior to final plat approval. Fences located in the front, side or rear yard setback of properties adjacent to any park or open space shall not exceed a maximum 106 Findings of Fact & Order for the Southbridge Subdivision Modification P14010 Page 14 of 34 height of 4 feet, and shall be of an open construction designed in a manner to be consistent along all park land and open space areas. This requirement with appropriate exhibits of fence types shall be addressed and illustrated in the home owner’s association documents. 11. Buildings constructed on lots fronting along South 19th Avenue shall either front onto the roadway and/or have double-front architectural features facing the roadway as found on the front of the dwellings units, for example; end gables, covered porches, varied roof lines, multiple façade materials, varied façade plane, and decorative lighting. These architectural requirements shall be addressed and demonstrated in the homeowner’s covenants/development guidelines. The homeowner’s association documents shall also specify that a maximum 4’ tall fence, with coordinated design detail, is permitted along the back of these lots. 12. Trees may not be located within 10 feet of sewer and water services. Sewer and water services shall be shown on the landscaping plan of the park and open space plan, and approved by the Water/Sewer Superintendent. 13. Street lighting, including pathway intersection lighting, shall be installed by the subdivider. Light locations and specifications shall be provided to the City Engineer for review and approval with the public improvements plans and specifications. All street light poles shall be installed a minimum of 10’ from any water or sewer main or appurtenance. 14. The subdivider shall provide the necessary declaration and recitals creating the property owner’s association bylaws and/or declaration of covenants, conditions and restrictions as being part of the existing Southbridge Subdivision property owners association. Any cost sharing agreements for maintenance shall be included with the final plat. 15. The final plat shall contain the following notation on its face or in a document to be recorded with the final plat: “Ownership of all common open space areas and trails, and responsibility of maintenance thereof and for city assessments levied on the common open space lands shall be that of the property owner’s association. Maintenance responsibility shall include, in addition to the common open space and trails, all vegetative ground cover, boulevard trees and irrigation systems in the public right-of-way boulevard strips along all external perimeter development streets and as adjacent to public parks or other common open space areas. All areas within the subdivision that are designated herein as common open space including trails are for the use and enjoyment by residents of the development and the general public. The property owner’s association shall be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all common open space areas and trails. At the same time of recording the final plat for each phase of the subdivision the subdivider shall transfer ownership of all common open space areas within each phase to the property owner’s association created by the subdivider to maintain all common open space areas within Southbridge Subdivision. 16. The final plat shall provide all necessary utility easements and shall be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location. Any rear or side yard utility easements not provided will require written 107 Findings of Fact & Order for the Southbridge Subdivision Modification P14010 Page 15 of 34 confirmation from ALL utility companies providing service indicating that rear or side yard easements are not needed. 17. A preconstruction meeting shall be held with the City Parks Department prior to any parkland improvement construction. The applicant shall contact the Parks Superintendent to schedule a meeting prior to any construction. 18. A one foot no access strip shall be recorded on the final plat restricting vehicle access for any lots fronting onto South 19th Avenue and Blackwood Road. 19. Street names must be approved by the City Engineer and Gallatin County road office prior to final plat approval. 20. All streets contained within the subdivision shall be within dedicated public right of way and built to city standards. 21. The location of mailboxes shall be coordinated with the City Engineering Department prior to their installation. 22. Any existing water/sewer service lines or mains that will not be utilized with this subdivision shall be properly abandoned with the direct coordination of the water/sewer superintendent. 23. The existing residence located within this subdivision shall hook into municipal water and sewer services upon their availability. 24. Any proposed re-alignment of public streets, water main, or sewer mains will require infrastructure review and approval by the engineering department. All re-aligned public infrastructure will require new easements in their new locations. 25. The developer shall make arrangements with the City Engineering Department to provide addresses for all individual lots in the subdivision prior to the filing of the final plat. 26. A comprehensive lighting plan shall be submitted for all surrounding streets and intersections. 27. Prior to acceptance of publically owned infrastructure, the contractor shall provide a Maintenance Bond with the developer/owner equal to 20% of the actual cost of the improvements to correct any deficiencies in workmanship and/or materials which are found during the two year warranty period. The City of Bozeman shall be named as dual oblige on the bond. 28. The Applicant shall remove and properly abandon the fire hydrant located within the vacated South 20th Avenue ROW. The City shall retain possession of all related hydrant apparatus. 29. The entire Park, Shady Lane Park, shown on Southbridge Plat shall be dedicated with the initial phase granted final plat approval. Park area exceeds the minimum requirements by 0.486 acres. The excess parkland may be used at the discretion of the City Commission to reduce parkland required with Southbridge Phase I Final Plat (Interim Park, Document No. 24500). 30. The Applicant shall prepare the necessary materials to enable the City to re-convey the South 20th Avenue existing 60 foot public road and utility easement and the Applicant 108 Findings of Fact & Order for the Southbridge Subdivision Modification P14010 Page 16 of 34 shall provide a 40 foot water/sewer utility easement. All utility easements that will be removed or relocated shall be formally released and reconveyed at the cost of the applicant prior to final plat approval. 31. All weather access roads shall be provided to all manholes that are located outside a street or parking area unless a relaxation it granted by the City Commission. 32. All unused water service lines shall be removed prior to final plat approval. Written verification from the Water/Sewer Superintendant shall accompany the final plat application. SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS a. None have been identified at this time. SECTION 5 - RECOMMENDATION AND ACTIONS The Development Review Committee (DRC) has reviewed the Preliminary Plat application on March 12, 19, and April 2, 2014. The Applicant proposed changes to the submitted plan on April 10, 2014 that required review by the DRC, therefore, the DRC held a fourth meeting on April 16, 2014 to make their final decision. The DRC recommended conditional approval of the preliminary plat application. The DRC considered the revised subdivision Plat on June 4, 2014. The DRC recommended conditional approval of the preliminary plat application with four (4) specific conditions to address the abandonment of a part of South 20th Avenue. Although the land has not received final plat approval, earlier actions were taken to establish street and utility easement and improvements. The Recreation and Parks Advisory Board reviewed the proposed subdivision on March 21, 2014. Being aware of the storied history of the development they provided specific comment and recommendations. The RPAB comment and recommendations are attached to this report. Specific recommendations include: • Given that the planning and infrastructure was already developed and approved before the dissolution of Meadow Creek, it is unreasonable to hold Southbridge to the same park dedication standards we would require of a startup subdivision. However, there will be many families living there with a need for neighborhood parks. • We never liked the design concept of the interim park but felt it was a necessary placeholder until the Miller Park issue was resolved. As such, we think that cash-in-lieu is probably a better value for the city than developing this ill-conceived interim park. 109 Findings of Fact & Order for the Southbridge Subdivision Modification P14010 Page 17 of 34 • We are generally supportive of the applicant’s proposal of parkland and cash-in-lieu, but we think there is a need for continuing the discussion re what will constitute their neighborhood center and how to handle the lack of street frontage for the parkland that will be dedicated. • We are supportive of the 6’ bike/pedestrian sidewalk rather than a redundant parallel sidewalk and trail. The Recreation and Parks Advisory Board reviewed the revised subdivision on May 30, 2014. The RPAB noted the enlarged park exceeds the dedication requirement, has more than 90% street frontage, and includes a community center. It will provide substantially more active play area. As a trade off, it reduces the size of the interim park by 1,800 ft2. Developing the interim park to City standards will create a small but attractive landscaped lawn area in the northwest corner of the subdivision. Finally, the downside of this is that the investment in labor and equipment will be lost when the park is subdivided. Additionally, people who build homes neighboring the park will feel bamboozled when their park is bulldozed for new homes. In conclusion the RPAB found that the new park plan addresses the shortcomings of the prior plan and should be approved. The Planning Board held its public hearing on May 6, 2014. No public comment was received. The Planning Board voted to recommend the preliminary plat and cash in-lieu for parkland dedication for approval with the conditions and code provisions as noted in this staff report. The City Commission held the public hearing on June 23, 2014 and continued it to July 7, 2014 to consider the preliminary plat and make a final decision on this revised layout for the subdivision. SECTION 6 - STAFF ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, and plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis is a summary of the completed review. Applicable Subdivision Review Criteria, Section 38.03.040, BMC. In considering applications for subdivision approval under this title, the advisory boards and City Commission shall consider the following: 1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act The preliminary plat has been prepared in accordance with the survey requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. As noted in recommended Condition No. 1, the final plat must comply with State statute, Administrative Rules of Montana, and the Bozeman Municipal Code. 110 Findings of Fact & Order for the Southbridge Subdivision Modification P14010 Page 18 of 34 2) 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. 3) Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act The hearings before the Planning Board and City Commission have been properly noticed as required by the Bozeman UDC. Based on the recommendation of the DRC, RPAB, and other applicable review agencies, as well as any public testimony received on the matter, the Planning Board shall forward a recommendation in a report to the City Commission who will make the final decision on the applicant’s request. A preliminary plat application was submitted on February 19, 2014 and after the receipt of additional information required by Title 38 of the Bozeman Municipal Code (BMC) on February 28, 2014 was deemed acceptable for initial review on March 5, 2014. The preliminary plat was reviewed by the DRC on March 12, 19, April 2 and April 16, 2014. The DRC and Staff determined the submittal contained detailed, supporting information that is sufficient to allow for the review of the proposed subdivision on March 19, 2014. Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday, April 20, 2014. The site was posted with a public notice on April 17, 2014. Public notice was sent to physically 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 April 17, 2014. No comments have been received as of the production date of this report. Notice of the revised Preliminary Plat was placed in the Bozeman Daily Chronicle on Sunday, June 8, 2014. The site was posted with a public notice on June 5, 2014. Public notice was sent to physically adjacent property owners and all other property owners of record within 200 feet of the subject property via first class mail, on June 5, 2014. Three comments have been received as of the production date of this report. All comments are attached to this report. On June 11, 2014 this major subdivision staff report was drafted and forwarded with a recommendation of conditional approval by the Planning Director for consideration by the City Commission at the June 23, 2014 public hearing. 4) Compliance with Chapter 38, BMC and other relevant regulations Based on review of the DRC and the Department of Community Development it appears that not all applicable regulations have been met. Pertinent code provisions and site specific 111 Findings of Fact & Order for the Southbridge Subdivision Modification P14010 Page 19 of 34 requirements are included in this report for City Commission consideration (unresolved issues) which brings the proposed subdivision into compliance with all adopted codes. 5) The provision of easements to and within the subdivision for the location and installation of any necessary utilities As noted under Staff Finding No. 2 above and required 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. Therefore, all utilities and necessary utility easements will be provided and depicted accordingly on the final plat. 6) The provision of legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel All of the proposed lots have frontage to public streets constructed to City standards with lot frontage meeting minimum standard shown on the preliminary plat. In addition, pursuant to Section 38.24.090.A, BMC, plats shall contain a statement requiring lot accesses to be built to the standard contained in this section, the city design standards and specifications policy, and the city modifications to state public works standard specifications. Primary Subdivision Review Criteria, Section 76-3-608 1) The effect on agriculture The subject property is designated as a residential area according to the City of Bozeman Community Plan. The area is zoned for residential development and has previously undergone subdivision review and approval and has begun to be developed. Although the property has historically been used for agricultural production those activities have ceased. In addition, during the review and approval of the Meadow Creek major subdivision the effects on agricultural were addressed and mitigated (File P05053). Therefore, this subdivision will not have adverse effects on agriculture. 2) The effect on Agricultural water user facilities According to the Water Resources Survey, 1961, the area was served by the Middle Creek Ditch with laterals terminating on the subject property. Currently the subject property is designated as a residential area according to the City of Bozeman Community Plan; the area is zoned for residential development, has previously undergone subdivision review and approval, and has begun to develop. Therefore, the proposed subdivision will have minimal impacts on agricultural water user facilities. Water rights have been separated from the property and therefore no further use of the agricultural water user facilities will occur. The abandoned laterals will be filled during the on-site construction of new homes and infrastructure. 112 Findings of Fact & Order for the Southbridge Subdivision Modification P14010 Page 20 of 34 3) The effect on Local services Water/Sewer – Municipal water and sewer mains have been installed in anticipation of development in the adjacent street right-of-ways. Each lot will connect to the constructed water and sewer mains designed to the appropriate design standard shall be located in the standard location as approved by the water/sewer superintendent. The water and sewer mains located in South 23rd Avenue easement will be relocated to be entirely within the property boundary of the proposed subdivision. The original Meadow Creek subdivision showed South 23rd Avenue to cross onto the adjacent property to the west. As shown on the Southbridge plat the entire South 23rd Avenue 60 foot right of way is located within the Southbridge property boundary. Therefore, the existing water and sewer line will be severed and a parallel system will be installed at the developer’s expense. Specific conditions of approval from the Engineering Department are of approval are discussed in the preliminary plat supplements section under 38.41.060.A.10. Existing water and sewer mains not being utilized after the conversion from residential lots to parkland will be abandoned Condition 32. The access and utility easement will be re-conveyed by the City for the South 20th Avenue existing 60 foot public road easement. A new 40 foot water/sewer utility easement will be provided in its place. (Condition 30) Streets – With the construction of streets proposed to provide access to individual lots within the subdivision the DRC has determined that the streets will have capacity to accommodate this development. Following new water and service line installations to accommodate the new lots/development, all street improvements will be constructed to acceptable City standards with curb, gutter, pavement, boulevard sidewalks and storm water facilities. The Transportation Impact Study (TIS) update performed to assess the impacts the subdivision will have on the transportation networked suggested it is unlikely that there would be any identifiable traffic impacts associated with subdivision traffic and the key intersections surrounding the site. 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 prior to final plat approval. Specific locations for storm water areas are show on the face of the plat. Parklands - The Applicant proposed parkland dedication to exceed minimum parkland standards under Section 38.27, BMC. The proposed subdivision includes 69 single-household lots requiring 2.07 acres of parkland dedication. One (1) park is shown on the face of the plat totaling 2.556 acres exceeding the required dedication. The proposed park area exceeds the minimum requirements by 0.486 acres. The parkland will be dedicated to the City and is within the park service area. As such, the amount of parkland 113 Findings of Fact & Order for the Southbridge Subdivision Modification P14010 Page 21 of 34 exceeds the requirements and therefore may be eligible for reciprocally reducing the Interim Park required for previously subdivided, Section 38.27.100.4, BMC. No final action on an amendment to Southbridge 1, 1A, II and III park requirements should be taken at this time. Staff has included Condition 29 to memorialize the intent of the Developer. In order to meet the standards found in Section 38.27, BMC a Park Master Plan was developed for the Southbridge subdivision and is included with the applicant submittal. The Recreation and Parks Advisory Board subdivision reviewed the proposed on March 21, 2014. The RPAB is generally supportive of the applicant’s proposal of parkland and cash-in- lieu. However, the Board noted there is a need for continued discussion on what will constitute their neighborhood center and how to handle the lack of street frontage for dedicated parkland. Additional comments and mitigation were suggested; the complete RPAB comments are attached to this report. The RPAB noted the wedge shaped parks adjacent to the open space are an extension of those open spaces and should be maintained by the HOA. The Board noted that it tends to be inefficient for the City to accept and maintain small isolated park areas. The Recreation and Parks Advisory Board subdivision reviewed the revised park plan on May 30, 2014. The RPAB found the revisions adequately addressed the deficiencies and concerns found in the original plan. The RPAB recommended the City Commission approve the revised plan. The recommendation includes reducing the size of the Interim Park and dedicating the remaining area to parkland and making the improvements as described in the Southbridge Park Plan as described in the attached document from the Subdivider. The Applicant requests the excess parkland dedication be set aside for park and recreational uses sufficient to meet the needs of the persons who will ultimately reside in the subdivision as allowed by Section 38.27.100, BMC. 4) The effect on the Natural environment No significant physical or topographical features have been identified, (e.g., outcroppings, geological formations, steep slopes), on the subject property. Provisions will be made to address the control of noxious weeds and maintenance of the property and will be further addressed by inclusion in the existing protective covenants and compliance with the recommended conditions of approval. 5) The effect on Wildlife and wildlife habitat The subject property is within a previously subdivided area, Meadow Creek Subdivision and underwent review for effects on wildlife and wildlife habitat. The subject property is designated as a residential area according to the City of Bozeman Community Plan. The area is zoned for residential development has previously undergone subdivision review and approval and has begun to be developed. The impacts to the more important habitat areas were addressed and mitigated during the review of the Meadow Creek Phase 1 subdivision. Sensitive habitat areas 114 Findings of Fact & Order for the Southbridge Subdivision Modification P14010 Page 22 of 34 are contained within the common open space surrounding the watercourse and provide a buffer between any development activity and this area. Therefore, the subdivision will have minimal impacts on wildlife and wildlife habitat. 6) The effect 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 DRC which has determined that it is in general compliance with the title. Any other conditions deemed necessary to ensure compliance have been noted throughout this staff report. In addition, all subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, Mont Code Ann. and as a result, the Department of Community Development has reviewed this application against the listed criteria and further provides the following summary for submittal materials and requirements. Preliminary Plat Supplements A subdivision pre-application plan review was completed by the DRC on December 11, 2013. With the pre-application plan review application, waivers were requested by the applicant from Section 38.41.060 “Additional Subdivision Preliminary Plat Supplements” for several of the standard preliminary plat supplements due to the nature of this previously platted/developed property. The DRC granted a partial waiver to the supplemental information under 38.41.060, BMC is granted with this pre-application plan review application for: 1) geology-soils-slopes, 2) vegetation, 3) wildlife, 4) historical features, 5) agriculture, 6) agricultural water user facilities, 7) surface water, 8) floodplains, 9) workforce housing, and 10) groundwater. Waivers to the supplemental information for the following are not granted: 1) water and sewer, 2) streets, roads and alleys, 3) storm water management, 4) utilities, 5) land use, 6) neighborhood center plan, 7) lighting plan, and 8) parks and recreational facilities. 38.41.060.A.1 Surface Water A waiver was granted for surface water supplementary information. Surface water was addressed with the original Meadow Creek subdivision. No alterations to the original plan are proposed. The water course shown in the Aerial Image map found in Section 1 of this report is located within the common open space and provides an excess of buffer to meet all applicable code provisions to watercourse protection. 38.41.060.A.2 Floodplains A waiver was granted for floodplain supplementary information. Based on previous Hydraulic Engineering Center River Analysis System (HEC-RAS) output results the 100-year flood flows would be contained within the channels of the streams that border the development to the east and the west. In addition, the Specific FEMA Panel of interest (0814D) is labeled “Panel Not Printed – No Special Flood Hazard Areas”. Therefore, there is minimal impact caused by floodplains. 115 Findings of Fact & Order for the Southbridge Subdivision Modification P14010 Page 23 of 34 38.41.060.A.3 Groundwater Supplemental groundwater information was granted a waiver to the supplemental information requirement by the pre-application process and may use the previous information submitted with the Meadow Creek Subdivision. Extensive groundwater monitoring was performed for the Meadow Creek subdivision in 2005 and again in 2010 showing a proclivity of high groundwater in the area. Little change in the in groundwater levels from 2005 were recorded. The developer is not proposing any changes to the original approval, therefore recommendations for depth of crawl space and possible slab-on-grade foundations would remain in effect. 38.41.060.A.4 Geology, Soils and Slopes Supplemental information waived by the DRC. The subject property has previous undergone subdivision review. There are no known geologic hazards associated with the site. The property is relatively flat minimizing geologic hazards. 38.41.060.A.5 Vegetation Supplemental information waived by the DRC. No significant or critical vegetation exists on the subject property. Noxious weeds are being controlled by the required Noxious Weed Management Plan. In addition, there are ongoing performance measures required with the Weed Management Plan to insure control of noxious weeds on site. 38.41.060.A.6 Wildlife Supplement information waived by the DRC. This is a developing urban area. The primary wildlife corridor is being preserved as common open space to protect the water course and sensitive vegetative cover that is conducive to support wildlife. Therefore, the subdivision will have minimal impacts on wildlife. The Parks Master Plan includes proposed plantings and improvements in open space and park areas. 38.41.060.A.7 Historical Features Supplemental information waived by the DRC. This is a developing urban area. According to the Meadow Creek Phase 1 subdivision submittal there was no indication of any prehistoric or historic cultural resources on the site. 38.41.060.A.8 Agriculture Supplemental information waived by the DRC. This is a developing area and this property is not used for agriculture. 38.41.060.A.9 Agricultural Water User Facilities Supplemental information waived by the DRC. This is a developing area and all necessary ditch easements are in place. In addition, there are no known agricultural water user facilities within the boundaries of the subject property. 116 Findings of Fact & Order for the Southbridge Subdivision Modification P14010 Page 24 of 34 38.41.060.A.10 Water and Sewer Water for domestic and fire protection will be provided by connections to the City of Bozeman water system. Public infrastructure improvements adjacent to the property (roads, parks, water, and sewer) have been constructed to City of Bozeman standards around the perimeter of the property. Additional water and sewer lines will be constructed to serve each individual lot. The City Engineering Department has reviewed the plans. City Engineering conditioned the subdivision that all water and sewer service lines shall be located in the standard location as approved by the water/sewer superintendent. South 23rd Avenue will be realigned to be located entirely within the boundaries of the Southbridge Subdivision. This realignment will require the abandonment of the existing water/sewer infrastructure installed with the Meadow Creek subdivision. All necessary utilities will be located entirely within the proposed right of way. 38.41.060.A.11 Stormwater Management Stormwater improvements for the Southbridge subdivision were previously installed for Meadow Creek subdivision, including piping, manholes, catch basins and detention facilities. Stormwater facilities include surface and curb flow, pipe conveyance, and detention basins. The storm sewer inlet and piping system was designed to handle a 25-year storm event. Placement and design of the facilities will be approved by both the City Engineer’s Office and Planning Office. As noted above South 23rd Avenue will be realigned to be located entirely within the boundaries of the Southbridge Subdivision. This realignment will require realigning the stormwater system as well. The design improvements are included with the applicant submittal under tab K. All necessary utilities will be located entirely within the proposed right of way. 38.41.060.A.12 Streets, Roads and Alleys Vehicular and pedestrian circulation and lot access to Southbridge subdivision will be provided by a standard 33’ wide public street with curb-gutter and sidewalk on both sides. Public streets will be in a 60’ dedicated public right-of-way and will connect into the existing street system and will be constructed to local City street standards. With the exception of the realigned South 23rd Avenue and the alley between South 21st and 22nd Avenue excavation and base material were installed with Meadow Creek subdivision improvements. Sixty foot roadway and utility easements were granted to the City over all the roadways in the proposed subdivision. The abandoned portion of South 20th Avenue will be converted from the existing 60 foot public road easement to a 40 foot water/sewer utility easement. Sidewalks adjacent to parks on local street are required to be six (6’) feet in width as noted in the Greater Bozeman Area Transportation Plan, 2007 Update (Figure 9-13). In addition, the Recreation and Parks Advisory Board recommended the sidewalk adjacent to South 20th avenue and the park/open space with public access be constructed to a six foot width rather than requiring a fines trail within the common open space and a sidewalk adjacent to South 20th 117 Findings of Fact & Order for the Southbridge Subdivision Modification P14010 Page 25 of 34 Avenue. Therefore, staff included Condition 6 to insure compliance with this design standard. Condition 6 has been modified to accommodate the revised Preliminary Plat configuration. A Traffic Impact Study (TIS) update was prepared for the original Southbridge subdivision and submitted with the preliminary plat application. The analysis presented in the report indicates the proposed development site-generated traffic can be adequately accommodated by the existing roadway network adjacent to the site through the proposed build-out year of the development (2017). As required the subdivider provided an updated TIS to assess the impacts the subdivision will have on the transportation network. The findings suggested it is unlikely that there would be any identifiable traffic impacts associated with subdivision traffic and the key intersections surrounding the site (applicant submittal appendix I). Blocks 9, 10, 11, and 12 exceed block length standards found in Section 38.23.040, BMC. The block lengths are approximately 580 feet, 580 feet, 980 feet, the southern portion of Block 12 980 feet, and adjacent to 19th Avenue 750 feet, respectively. In addition, no continuous length of block shall exceed 600 feet without intersecting a street or pedestrian walk as specified under Section 38.23.040.D, BMC. The subdivision design provides for adequate pedestrian rights-of- way to allow block length to exceed the design standard as shown on the plat. The Development Review Committee considered the proposed design and found the applicable design standards are met and forwarded a recommendation of approval to the Commission. 38.41.060.A.13 Utilities All private utilities servicing the subdivision will be installed underground. The DRC and local review agencies did not identify any potential impacts and/or concerns with providing private utilities to the subdivision. The final plat shall provide public utility easements along all front, side and rear lot lines as required by Section 38.23.050, BMC. However, in the event front and/or rear yard utility easements are used, side rear yard easements must still be provided on the plat unless written confirmation is submitted to the Planning Office from all utility companies and Director of Public Works indicating that front and rear yard 10- foot wide easements are adequate to service said subdivision lots. 38.41.060.A.14 Educational Facilities Impacts on educational facilities were addressed with the original Meadow Creek Subdivision. An additional four (4) residential single-household lots are being proposed for this subdivision. The potential additional student population will have minimal impacts on educational facilities. 38.41.060.A.15 Land Use The 69 proposed lots comply with the existing zoning designation of R-3. The stated intent of the subdivision is to provide for single-household lots although a number of parcels are of sufficient size to accommodate duplexes. 118 Findings of Fact & Order for the Southbridge Subdivision Modification P14010 Page 26 of 34 38.41.060.A.16 Parks and Recreation Facilities The Applicant proposed dedicating sufficient parkland to meet parkland standards for the development. Based on the number of proposed lots (69) an equivalent of 2.07 acres of parkland is required. In order to meet the standards found in Section 38.27, BMC the Park Master Plan was altered to include the additional park being dedicated with the modified Preliminary Plat application and to describe Neighborhood Center improvements. The Plan details the improvements, maintenance and responsible parties for ongoing management of the properties. One large park area abutting open space is shown on the face of the plat totaling 117,829 square feet or 2.705 acres with an additional 2.25 acres of open space for a total of 4.955 acres. Park Frontage Pursuant to Section 38.27.060.A, BMC, park land, excluding linear trail corridors, shall have frontage along 100 percent of its perimeter on public or private streets or roads. A total of 92.5 percent of the park land has public access. The city may consider and approve the installation of streets along less than 100 percent, but not less than 50 percent, of the perimeter when certain conditions are met. Section 38.27.060.A, BMC outlines what conditions allow less than 100 percent public access. In this case South 19th Avenue has limited access restricting vehicular circulation alternatives. Further, pedestrian access is provided from South 19th Avenue to the fines trail running the length of the park providing public access to the park. The RPAB supported the design and park plan for the expanded park. Recreation and Parks Advisory Board The Recreation and Parks Advisory Board subdivision reviewed the original park plan on March 21, 2014. The RPAB is generally supportive of the applicant’s proposal of parkland and cash-in- lieu. However, the Board noted there is a need for continued discussion on what will constitute their neighborhood center and how to handle the lack of street frontage for dedicated parkland. Additional comments and mitigation were suggested. The RPAD met on May 30, 2014 to evaluate the modified park plan. The RPAB found the revisions adequately addressed the deficiencies and concerns found in the original plan. The RPAB recommended the City Commission approve the revised plan as noted in Section 5 of this report. 119 Findings of Fact & Order for the Southbridge Subdivision Modification P14010 Page 27 of 34 Original Park Plan 120 Findings of Fact & Order for the Southbridge Subdivision Modification P14010 Page 28 of 34 Modified Park Plan 121 Findings of Fact & Order for the Southbridge Subdivision Modification P14010 Page 29 of 34 38.41.060.A.17 Neighborhood Center Plan Pursuant to Section 38.23.020.A, BMC to provide a neighborhood focal point, all residential subdivisions or planned unit developments, that are ten net acres in size or greater, shall have a neighborhood center. Southbridge includes 24.255 net acres of land. As noted earlier in this report the original Meadow Creek subdivision contemplated Miller Park as the neighborhood center. However, the dedication and improvements of Miller Park were not completed with the Meadow Creek Phase I or the initial phases of Southbridge Phase II. The current design includes a Neighborhood Center with amenities meeting the standards under Section 38.23.020.A, BMC. Figure 4: Location and general design of Neighborhood Center 38.41.060.A.18 Lighting Plan Subdivision or street lighting is required pursuant to Section 38.23.150.B, BMC. The street lighting plan will mimic the previously reviewed Southbridge Phase II Subdivision Light Plan to provide lighting consistency with the adjoining subdivision. A lighting plan will need to be submitted for review and approval prior to the contracting, creation of an S.I.L.D. and installation of lights. The plan shall include a pole light detail with spacing based on high pedestrian conflict, a local street pole light at one per local street intersection, and a bollard light detail for placement at pathway/street intersections. All street lights installed shall use LED light 122 Findings of Fact & Order for the Southbridge Subdivision Modification P14010 Page 30 of 34 heads lights, including bollard light, and shall conform to the City’s requirement for cut-off shields. However, the Applicant has requested the use of the existing light fixtures purchased during the initial development of the subdivision. 38.41.060.A.19 Miscellaneous Supplemental information waived by the DRC. The subdivision will not impact access to any public lands and there are no identified hazards in proximity to the subject property. 38.41.060.A.20 Affordable Housing Supplemental information waived by the DRC. The Workforce Housing, Section 10.08.030, BMC, had been suspended by the City Commission. SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS A. PURSUANT to Chapter 38, Article 3, BMC, and other applicable sections of Chapter 38, BMC, public notice was given, opportunity to submit comment was provided to affected parties, and a review of the preliminary plat described in this findings of fact was conducted. The applicant presented to the City a proposed preliminary plat for a major subdivision with 69 lots on 24.255 acres and associated open spaces, streets, and parks. The purposes of the preliminary plat review were to consider all relevant evidence relating to public health, safety, welfare, and the other purposes of Chapter 38, BMC; to evaluate the proposal against the criteria and standards of Chapter 38 BMC, BMC; and to determine whether the plat should be approved, conditionally approved, or denied. B. It appeared to the City Commission that all parties and the public wishing to examine the proposed preliminary plat and offer comment were given the opportunity to do so. After receiving the recommendation of the relevant advisory bodies established by Section Chapter 38, Article 33, BMC, and considering all matters of record presented with the application and during the public comment period defined by Chapter 38, BMC, the City Commission has found that the proposed preliminary plat would comply with the requirements of the Bozeman Municipal Code if certain conditions were imposed. Therefore, being fully advised of all matters having come before her regarding this application, the City Commission makes the following decision. C. The preliminary plat has been found to meet the criteria of Chapter 38, BMC, and is therefore approved, subject to the conditions listed in Section 3 of this report and the correction of any elements not in conformance with the standards of the Chapter including those identified in Section 4 of this report. The evidence contained in the submittal materials, advisory body review, public testimony, and this report, justify the conditions imposed on this development to ensure that the final site plan and subsequent construction complies with all applicable regulations, and all applicable criteria of Chapter 38, BMC. D. 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 123 Findings of Fact & Order for the Southbridge Subdivision Modification P14010 Page 31 of 34 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 _______day of , 2014. BOZEMAN CITY COMMISSION _________________________________ JEFFREY K. KRAUSS Mayor ATTEST: _______________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 124 Findings of Fact & Order for the Southbridge Subdivision Modification P14010 Page 32 of 34 APPENDIX A –ADVISORY CODE CITATIONS 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. It is the duty of the applicant to submit plans and other materials which conform to all standards. Submittal of inaccurate or incomplete materials may delay review of the application or prohibit its approval. APPENDIX B – PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned “R-3” (Residential Medium Density District). The intent of the R- 3 residential medium density district is to provide for the development of one- to five-household residential structures near service facilities within the city. It should provide for a variety of housing types to serve the varied needs of households of different size, age and character, while reducing the adverse effect of nonresidential uses. Pursuant to Section 38.08.080, BMC, minimum net density in the R-3 District is five dwellings per net acre. A minimum is required to support efficiency in use of land and provision of municipal services, and to advance the purposes and goals of this chapter and the adopted growth policy. The proposed subdivision will create 69 residential single-household lots on11.939 net aces for a density of 5.78 dwellings per net acre. Adopted Growth Policy Designation: The property is designated as “Residential” in the Bozeman Community Plan. The Plan indicates that “This category designates places where the primary activity is urban density dwellings. Other uses which complement residences are also acceptable such as parks, low intensity home based occupations, fire stations, churches, and schools. High density residential areas should be established in close proximity to commercial centers to facilitate the provision of services and employment opportunities to persons without requiring the use of an automobile. Implementation of this category by residential zoning should provide for and coordinate intensive residential uses in proximity to commercial centers. The residential designation indicates that it is expected that development will occur within municipal boundaries, which may require annexation prior to development.” The dwelling unit density expected within this classification varies between 6 and 32 dwellings per net acre. 125 Findings of Fact & Order for the Southbridge Subdivision Modification P14010 Page 33 of 34 APPENDIX C – DETAILED PROJECT DESCRIPTION AND BACKGROUND Project Description The property owner Shady Lane Ranch, LP, applicant Holyoke III, Inc., and represented by Madison Engineering, Inc., 895 Technology Blvd., Suite 203, Bozeman, MT 59718 submitted application to subdivide 24.255 acres into 75 residential single-household lots, five (5) Open Space lots, three (3) Park areas, and with the remaining area as street right of ways. All water and sewer infrastructure has been installed. The location of the common open space is designed to preserve and protect the existing watercourse and provide nature amenities for the residences of the area. Due to diverse ownership of the adjacent properties South 23rd Avenue will be relocated entirely onto the subject property from its current location. This relocation necessitates severing water and sewer connections and re-installing the infrastructure to be within the dedicated road right of way. Project Background Southbridge Phase II (formally Meadow Creek Phase II) is partially developed. Three phases of Southbridge Phase II have been platted with a third currently being contemplated (Phase III). This phase “Southbridge” is the fourth phase. Southbridge Phase I, Phase 1A, and Phase 2 anticipated that Miller Park would serve as the Neighborhood Center. However, in order to permit platting of these phases an “Interim Park” was dedicated through the use of an easement with proposed parkland improvements to meet minimum parkland requirements with Southbridge Phase I Final Plat (Document No. 245200). The Applicant is requesting to dissolve this easement and provide cash in-lieu of parkland for future development. This request will be a part of the future Phase III Final Plat application. Please note that with the loss of the interim park these initial phases of Southbridge Phase II do not have sufficient parkland dedicated to meet minimum requirements. Initially the developer intended to provide parkland for Southbridge by a combination of parkland dedication and cash in-lieu of parkland. However, on May 19, 2014 the City Commission considered the preliminary plat and park plan and voted to approve the preliminary plat but did not accept the developers preferred alternative of cash in-lieu of parkland. The Applicant responded by redesigning the approved preliminary plat to meet parkland dedication requirements and establish excess dedicated parkland to facilitate the reduction of part of the Interim Park associated with Southbridge Phase I and II. The modified Plat was brought before the Development Review Committee and the Parks and Recreation Committee for review and recommendation prior to the Commission considering the revised plan. APPENDIX D – NOTICING AND PUBLIC COMMENT 126 Findings of Fact & Order for the Southbridge Subdivision Modification P14010 Page 34 of 34 A subdivision pre-application was submitted on November 13, 2013. The pre-application was reviewed by the DRC on November 27, December 4 and 11, 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 February 19, 2014 and deemed acceptable for initial review after additional information was provided March 5, 2014. The preliminary plat was reviewed by the DRC on March 12, 19, and April 2, 2014. On March 19, 2014 the DRC and Staff determined the submittal contained detailed, supporting information that is sufficient to allow for the review of the proposed subdivision. Public notice for original application was placed in the Bozeman Daily Chronicle on Sunday, April 20, 2014. The site was posted with a public notice on April 21, 2014. 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 April 18, 2014. No comment has been received. On April 29, 2014 this subdivision staff report was drafted and forwarded with a recommendation of conditional approval by the Planning Director for consideration by the Bozeman Planning Board and City Commission. The Planning Board held a hearing on May 6, 2014 to consider the application. The City Commission made their final decision at their May 19, 2014 public hearing and voted to approve the Preliminary Plat and not to accept cash in-lieu of parkland dedication. A revised draft Preliminary Plat was received on May 29, 2014. An updated certified list of adjoiners was requested and provided on June 4, 2014. Notice of the revised Preliminary Plat was placed in the Bozeman Daily Chronicle on Sunday, June 8, 2014. The site was posted with a public notice on June 5, 2014. Public notice was sent to physically adjacent property owners and all other property owners of record within 200 feet of the subject property via first class mail, on June 5, 2014. Three comments have been received as of the production date of this report. All comments are attached to this report. On June 12, 2014 this major subdivision staff report was drafted and forwarded with a recommendation of conditional approval by the Planning Director for consideration by the City Commission on June 23, 2014 public hearing. Three comment letters were received. APPENDIX E – OWNER INFORMATION AND REVIEWING STAFF Owner: Shady Lane Ranch, LP, 4399 S 29th Avenue, Bozeman, MT 59718 Applicant: Southbridge Development, LLC, 20 North Tracy, Bozeman, MT 59715 Representative: Madison Engineering, 895 Technology Blvd., Suite 203, Bozeman, MT 59718 Report By: Tom Rogers, AICP, Associate Planner 127 (406) 586-0262 | (406) 586-5740 FAX Suite 203, bozeman, mt 59715 895 Technology Boulevard PROJECT SURVEYOR: DRAWN BY: REVIEWED BY: DATE:PROJECT NO. Sec.T.R. 1/4 1 OF SHEETSec.T.R. 1/4 586.4490 Fax 586.5599 Office Bozeman, MT 59715 Suite B 1970 Stadium Drive, 3 SOUTHBRIDGE SUBDIVISION PHASE 3 City of Bozeman, Montana Director of Public Works _________________________________________________________ DATED this _____________ day of __________________, ____________. review. is excluded from the requirement for Montana Department of Environmental Quality facilities. Therefore, under the provisions of §76-4-125(2)(d) MCA, this subdivision and can be provided with adequate storm water drainage and adequate municipal of the Bozeman growth policy which was adopted pursuant to §76-1-601 et seq., MCA, City of Bozeman, Montana, a first-class municipality, and within the planning area Gallatin County, Montana, is within the Southbridge Subdivision Phase 3, DEPARTMENT OF ENVIRONMENTAL QUALITY REVIEW CERTIFICATE OF EXCLUSION FROM MONTANA City of Bozeman, Montana Director of Public Works _____________________________________________________________ DATED this _____________ day of __________________, ____________. being dedicated to such use. City of Bozeman for the public use of any and all lands shown on the plat as conform to the law, approves it, and hereby accepts the dedication to the the accompanying plat has been duly examined and has found the same to I, Director of Public Works, City of Bozeman, Montana, do hereby certify that CERTIFICATE OF DIRECTOR OF PUBLIC WORKS Treasurer of Gallatin County ____________________________________________________ Dated this______ day of ___________, _______ and levied on the land to be surveyed have been paid. examined and that all real property taxes and special assessments assessed do hereby certify that the accompanying Subdivision Plat has been duly I, _________________________the Treasurer of Gallatin County, Montana CERTIFICATE OF COUNTY TREASURER Clerk and Recorder of Gallatin County ____________________________________________________ Document Number ____________________ Records of the Clerk and Recorder, Gallatin County, Montana. and recorded in Book ___________ of Plats on Page _______________, at _________ o’clock ____.M. this _______ day of ___________ my office at: Montana, do hereby certify that the foregoing instrument was filed in I, ____________________Clerk and Recorder of Gallatin County, CERTIFICATE OF CLERK AND RECORDER A NATNOM ROYEVRUS DNAL LANOISSEFORPDERETSI GERNo. 13601 LS GNAUCK THOMAS SB PH 3 064-728-14-14 NH TG TG 23 2 S.5 E. and across each area designated on this plat as "Utility Easement" to have and to hold forever. the construction, maintenance, repair and removal of their lines and other facilities in, over, under, cable television, water or sewer service to the public, the right to the joint use of an easement for whether public or private, providing or offering to provide telephone, electric power, gas, internet, The undersigned property owners, hereby grant unto each and every person, firm or corporation, and 23rd Avenues, Chipset Street and Blackwood Road. dedicated to the public for which the city accepts responsibility for maintenance include 20th, 21st, 22nd dedicated to public use. The lands included in all streets, avenues, alleys and parks or public squares obligation to maintain the lands included in all streets, avenues, alleys and parks or public squares hereby City accepts no responsibility for maintaining the same. The owners agree that the City has no avenues, alleys, and parks or public squares dedicated to the public are accepted for public use, but the for the public use and enjoyment. Unless specifically listed herein, the lands included in all streets, parks or public squares shown on said plat are hereby granted and donated to the City of Bozeman City of Bozeman, Gallatin County, Montana; and the lands included in all streets, avenues, alleys and The above described tract of land is to be known and designated as Southbridge Subdivision Phase 3 SUBJECT to all easements of record or apparent from a visual inspection of the property. containing 11.374 acres, more or less. thence North 00 59’ 31" East a distance of 377.94 feet to the Point of Beginning thence North 88 54’ 37" West a distance of 843.28 feet to an Alpine aluminum cap; of South 75 05’ 54" West and a chord length of 99.18 feet to an Alpine aluminum cap; having a radius of 180.00 feet, a central angle of 31 58’ 59", a chord bearing thence southwest a distance of 100.48 feet along a tangential curve concave northwest thence South 59 06’ 25" West a distance of 75.73 feet to an Alpine aluminum cap; thence North 30 54’ 42" West a distance of 63.90 feet to an Alpine aluminum cap; thence South 59 05’ 18" West a distance of 60.00 feet to an Alpine aluminum cap; of North 27 40’ 00" West and a chord length of 24.91 feet to a a calculated position; having a radius of 220.00 feet, a central angle of 06 29’ 23", a chord bearing thence northwest a distance of 24.92 feet along a non-tangential curve concave southwest thence North 89 56’ 53" West a distance of 158.43 feet to an Alpine aluminum cap; thence South 00 03’ 06" West a distance of 352.28 feet to a calculated position; thence South 88 55’ 36" East a distance of 135.16 feet to a Gaston yellow plastic cap; thence South 04 53’ 54" East a distance of 41.97 feet to a Sanderson Stewart yellow plastic cap; thence South 88 54’ 37" East a distance of 758.62 feet to a calculated position; thence North 00 17’ 41" East a distance of 41.96 feet to an Alpine aluminum cap; thence South 88 55’ 36" East a distance of 354.67 feet to a calculated position; Subdivision Phase 2; Beginning at an Alpine aluminum cap at the southwest corner of Remainder Tract A, of Southbridge being more particularly described as follows: Township 2 South, Range 5 East, Principal Meridian Montana (P.M.M), Gallatin County, Montana with the Gallatin County Clerk and Recorder located in the Southeast One-Quarter of Section 23, A portion of Lot 1 of the Amended Plat of Southbridge Subdivision Phase 2, on record the following described tracts of land, to-wit: subdivided and platted into lots, blocks, roads and alleys, as shown by this plat hereunto included, We, the undersigned property owners, do hereby certify that we have caused to be surveyed, CERTIFICATE OF DEDICATION My commission expires 11/26/2015 Bozeman, MT 59715 895 Technology Boulevard Residing at: Notary Public for the State of Montana Chris Budeski Signature ______________________________________________ Witness my hand and seal the day and year herein above written. Development L.L.C. and acknowledged to me that said L.L.C. executed the same. to me to be the person who signed the foregoing instrument as a memeber of Southbridge a Notary Public in and for said state, personally appeared Andrew D. Holloran, known On this ______________day of _____________________________, 2014, before me, County of _______________________) s.s. State of _________________________) Andrew D. Holloran, Member Southbridge Development L.L.C. By: ____________________________________________________ Southbridge Development L.L.C. THIS SURVEY WAS PERFORMED FOR SOUTHBRIDGE DEVELOPMENT L.L.C. THE PURPOSE OF THIS SURVEY IS TO CREATE A 32-LOT SUBDIVISION STATE OF MONTANA RANGE 5 EAST, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, SOUTHEAST ONE-QUARTER OF SECTION 23, TOWNSHIP 2 SOUTH, OF SOUTHBRIDGE SUBDIVISION PHASE 2 LOCATED IN THE A SUBDIVISION OF A PORTION OF LOT 1 OF THE AMENDED PLAT FINAL PLAT - CERTIFICATES Director of Public Works ______/______/2014______________________________________ Registration No. 10825 PE Chris Budeski, PE ______/______/2014______________________________________ Member Southbridge Development L.L.C. Andrew D. Holloran ______/______/2014______________________________________ infrastructure improvements, subject to the above indicated warranty. the City of Bozeman, and the City hereby accepts possession of all public The subdivider grants possession of all public infrastructure improvements to for a period of two years from the date of acceptance by the City of Bozeman. The subdivider hereby warrants against defects in these improvements Sidewalks fronting private lots.2. Seeding of public parks and boulevards fronting public parks and open spaces1. the Improvements Agreement for Southbridge Subdivision Phase 3: The following improvements have been financially guaranteed in accordance with Street lighting6. Public parks landscaping and irrigation5. Boulevard sidewalks fronting public park and open spaces4. Public alley including asphalt pavement3. Public street roadways including curb, gutter and asphalt pavement2. Water, sewer and storm services and mains1. Installed Improvements: accompanying this plat. or financially guaranteed and covered by the improvements agreement have been installed in conformance with the approved plans and specifications, of this title or as a condition(s) of approval of Southbridge Subdivision Phase 3, certify that the following improvements, required to meet the requirements professional engineer licensed to practice in the State of Montana, hereby I, Andrew D. Holloran, Subdivider, and I, Chris Budeski, a registered CERTIFICATE OF COMPLETION OF IMPROVEMENTS Montana Registration No. 13,601 L.S. Thomas Gnauck, PLS _______________________________ Dated this 14th day of August, 2014. and the Bozeman Municipal Code. the Montana Subdivision and Platting Act (MCA 76-3-101 through 76-3-625), accompanying plat and as described in accordance with the provisions of Southbridge Subdivision Phase 3, and platted the same as shown on the certify that between March 22nd, 2013, and August 14th, 2014 I surveyed I, Thomas Gnauck, the undersigned, Registered Land Surveyor, do hereby CERTIFICATE OF SURVEYOR 128 (406) 586-0262 | (406) 586-5740 FAX Suite 203, bozeman, mt 59715 895 Technology Boulevard N 00 59’ 31" E - 377.94’S 88 55’ 36" E - 354.67’ S 88 54’ 37" E - 758.62’ S 88 55’ 36" E - 135.16’S 00 03’ 06" W - 352.28’N 89 56’ 53" W - 158.43’ N 88 54’ 37" W - 843.28’ 63.90’ N 30 54’ 42" W75.73’S 59 06’ 25" W 60.00’S 59 05’ 18" W 41.96’ N 00 17’ 41" E 41.97’ S 04 53’ 54" E N 00 17’ 41" E - 260.03’S 88 54’ 37" E - 143.81’S 88 54’ 37" E - 154.97’ S 88 54’ 37" E - 514.43’ N 59 06’ 25" E - 105.72’S 30 54’ 42" E - 93.89’ S 30 54’ 42" E - 107.74’N 01 04’ 01" E - 130.01’S 88 54’ 37" E - 607.27’N 00 17’ 41" E - 88.04’75.84’N 06 43’ 10" E69.65’N 01 00’ 18" EN 00 24’ 13" W - 169.32’100.03’ S 88 54’ 37" E 100.03’ S 88 54’ 37" E 101.37’ S 88 54’ 37" E 98.63’ S 88 54’ 37" E 97.68’ S 88 54’ 37" E 102.01’ S 88 54’ 37" E 100.61’107.87’85.00’77.68’77.68’77.70’77.68’59.30’85.12’85.12’57.64’77.70’77.69’77.70’77.65’42.34’34.86’38.32’100.03’99.57’6.29’77.70’5.51’13.19’15’15’30.00’30.00’ 76.39’66.28’66.28’66.28’66.28’66.28’66.28’74.95’30.00’30.00’40.55’109.06’58.05’75.00’66.28’66.28’66.28’66.28’66.28’66.28’74.99’100.00’100.00’N 01 05’ 23" E100.00’N 01 05’ 23" E100.00’N 01 05’ 23" E100.00’N 01 05’ 23" E100.00’N 01 05’ 23" E100.00’N 01 05’ 23" E100.00’N 01 05’ 23" E100.00’N 01 05’ 23" E100.00’N 01 05’ 23" E100.00’N 01 05’ 23" E100.00’N 01 05’ 23" E100.00’N 01 05’ 23" E100.00’N 01 05’ 23" E100.00’N 01 05’ 23" E100.00’N 01 05’ 23" E100.00’N 01 05’ 23" E100.00’N 01 05’ 23" E100.00’N 01 05’ 23" E100.00’N 01 05’ 23" E100.00’N 01 05’ 23" E99.97’N 01 05’ 23" EN 88 54’ 37" W 73.61’63.89’4.88’61.79’6.98’59.69’9.08’57.59’11.18’55.49’13.28’53.39’15.38’98.96’ 28.58’ 49.15’100.01’100.01’75.00’66.67’66.67’66.67’66.67’66.67’66.67’72.91’ 68.77’68.77’68.77’68.77’65.99’ 75.71’95.09’N 16 40’ 01" E272.86’N 14 53’ 57" E9 8.0 0’N 28 0 6’ 1 1" WN 00 03’ 06" E - 352.45’148.92’ 9.51’ 125.65’9.51’ 121.14’ 80.49’140.43’21.14’ N 25 14’ 52" E 30.00’347.94’C55C58C56C57C59C60C61 C62 C32 C 4 6C6 3 C64 C65C66block 6 block 7block 110.43’ N 01 04’ 01" E 35.03’30.01’ 30.12’ 4.56’ S 04 52’ 00" E S 17 36’ 07 " E - 17 0. 3 3 ’ 75.00’68.77’ 2.78’161.28’N 00 24’ 11" W173.64’N 04 14’ 53" ECURVE RADIUS DELTA LENGTH CHORD BEARING CHORD LENGTH 180.00’100.48’99.18’ 220.00’24.92’24.91’ 150.00’14.96’14.95’ 150.00’18.65’18.64’ 180.00’22.38’22.36’ 120.00’12.00’11.99’ 150.00’12.18’12.17’ 180.00’14.61’14.61’ 120.00’64.21’63.44’ 150.00’83.73’82.65’ 180.00’80.87’80.19’ 150.00’83.72’82.64’ 120.00’66.98’66.11’ 165.00’13.39’13.39’ CURVE TABLE C32 C46 C55 C56 C57 C58 C59 C60 C61 C62 C63 C64 C65 C66 PROJECT SURVEYOR: DRAWN BY: REVIEWED BY: DATE:PROJECT NO. Sec.T.R. 1/4 2 OF SHEET Scale 1" = ’ Sec.T.R. 1/4 586.4490 Fax 586.5599 Office Bozeman, MT 59715 Suite B 1970 Stadium Drive, 3 SOUTHBRIDGE SUBDIVISION PHASE 3 SB PH 3 064-728-14-14 NH TG TG 23 2 S.5 E. (C) (R) (M) R.O.W. P.O.B.N PHASE I SOUTHBRIDGE SUBDIVISION BASIS OF BEARING SOUTH 22ND AVE.LANCE DRIVESOUTHBRIDGE PH 2BLOCK 6LOT 1SOUTHBRIDGE PH 2BLOCK 6LOT 2SOUTHBRIDGE PH 2BLOCK 6LOT 3SOUTHBRIDGE PH 2BLOCK 6LOT 4SOUTHBRIDGE PH 2BLOCK 6LOT 5SOUTHBRIDGE PH 2BLOCK 6LOT 6SOUTHBRIDGE PH 2BLOCK 6LOT 7SOUTHBRIDGE PH 2BLOCK 1LOT 8SOUTHBRIDGE PH 2(SHADY LANE PARK)PUBLIC PARK A(FUTURE PHASE)SOUTHBRIDGEBLOCK 10LOT 1(FUTURE PHASE)SOUTHBRIDGEBLOCK 10LOT 18(FUTURE PHASE) SOUTHBRIDGE BLOCK 9 LOT 22 (FUTURE PHASE) SOUTHBRIDGE BLOCK 9 LOT 1 (FUTURE PHASE)SOUTHBRIDGEBLOCK 8LOT 1(FUTURE PHASE)SOUTHBRIDGEBLOCK 8LOT 2JACOBS STREET (FUTURE PHASE)PUBLIC ACCESSOPEN SPACESOUTH 19TH AVENUE110’ R.O.W.SOUTH 23RD AVE.P.O.B.SOUTHBRIDGE PH 2REMAINDER TRACT AREMAINDER TRACTMEADOW CREEK PH 1(FUTURE PHASE) SOUTHBRIDGE BLOCK 12 LOT 24 60 SOUTHBRIDGE PH 1SHADY LANE PARKSTATE OF MONTANA RANGE 5 EAST, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, SOUTHEAST ONE-QUARTER OF SECTION 23, TOWNSHIP 2 SOUTH, OF SOUTHBRIDGE SUBDIVISION PHASE 2 LOCATED IN THE A SUBDIVISION OF A PORTION OF LOT 1 OF THE AMENDED PLAT FINAL PLAT - BOUNDARIES THIS SURVEY WAS PERFORMED FOR SOUTHBRIDGE DEVELOPMENT L.L.C. THE PURPOSE OF THIS SURVEY IS TO CREATE A 32-LOT SUBDIVISION PROJECT AREA DEDICATED BY THIS SUBDIVISION: TYPICAL UTILITY EASEMENTS AS WITH ALLEYS REAR LOT BOUNDARIES 10’6’ALLEY WITH AVENUES/STREETS FRONT LOT BOUNDARIES STREETorAVENUECalculated Record Measured Right-of-Way Point of Beginning Found Sanderson/Stewart Yellow Plastic Cap Set 2" Alpine Aluminum Cap Calculated Position Right-of-Way Centerline Easement Line Future Adjoining Property Line Adjoining Property Boundray Line Property Boundary Line 7767 ft† 7770 ft† 7775 ft† 8673 ft† 8919 ft† 7722 ft† 7624 ft† 7698 ft† 7570 ft†6628 ft†6628 ft†6628 ft†6628 ft†6628 ft†6628 ft†7497 ft† 7431 ft†6667 ft†6667 ft†6667 ft†6667 ft†6667 ft†6667 ft†8864 ft† 9127 ft†6877 ft†6877 ft†6877 ft†6877 ft†6877 ft†6877 ft†7569 ft† 0.32 ac. 0.87 ac. 0.90 ac. 0.868 acres 1.222 acres 5.350 acres 3.934 acres Phase Total Road Right-Of-Way Residential Lots Dedicated Parkland Common Open Space 11.374 acres SUBDIVISION AREAS LEGEND SOUTH 20TH AVE.S O U T H 20 T H A VE.VICINITY MAP NOT TO SCALE LOT 8LOT 9LOT 10LOT 11LOT 12LOT 13LOT 14LOT 15 LOT 1 LOT 2 LOT 3 LOT 4 LOT 5 LOT 6 LOT 7 LOT 8 LOT 9LOT 10LOT 11LOT 12LOT 13LOT 14LOT 15LOT 16 LOT 9 LOT 10 LOT 11 LOT 12LOT 13 LOT 14 LOT 15 LOT 16 ACCESS PUBLIC OPEN SPACE PUBLIC PARK SHADY LANE PUBLIC PARK SHADY LANE SUBDIVISION) (DEDICATED BY THIS R.O.W. 129 (406) 586-0262 | (406) 586-5740 FAX Suite 203, bozeman, mt 59715 895 Technology Boulevard block 6 block 7block 1PROJECT SURVEYOR: DRAWN BY: REVIEWED BY: DATE:PROJECT NO. Sec.T.R. 1/4 3 OF SHEET Scale 1" = ’ Sec.T.R. 1/4 586.4490 Fax 586.5599 Office Bozeman, MT 59715 Suite B 1970 Stadium Drive, 3 SOUTHBRIDGE SUBDIVISION PHASE 3 SB PH 3 064-728-14-13 NH TG TG 23 2 S.5 E. N PHASE I SOUTHBRIDGE SUBDIVISION BASIS OF BEARING SOUTH 22ND AVE.LANCE DRIVE JACOBS STREET SOUTH 19TH AVENUE110’ R.O.W.SOUTH 23RD AVE.60 50’ 50’STR EAM SE TB AC K 50’ 50’ STREAM SETBACK 25’ 19TH YARD SETBACK STATE OF MONTANA RANGE 5 EAST, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, SOUTHEAST ONE-QUARTER OF SECTION 23, TOWNSHIP 2 SOUTH, OF SOUTHBRIDGE SUBDIVISION PHASE 2 LOCATED IN THE A SUBDIVISION OF A PORTION OF LOT 1 OF THE AMENDED PLAT FINAL PLAT - CONDITIONS OF APPROVAL THIS SURVEY WAS PERFORMED FOR SOUTHBRIDGE DEVELOPMENT L.L.C. THE PURPOSE OF THIS SURVEY IS TO CREATE A 32-LOT SUBDIVISION R.O.W. FRONTAGE SOUTH 19TH ALONG ALL 1’ NO-ACCESS STRIP Right-of-Way 1’ No-Access Strip Setback Easement Line Future Adjoining Property Line Adjoining Property Boundray Line Stream Centerline Property Boundary Line DEDICATED BY THIS SUBDIVISION: TYPICAL UTILITY EASEMENTS AS WITH ALLEYS REAR LOT BOUNDARIES 10’6’ALLEY WITH AVENUES/STREETS FRONT LOT BOUNDARIES STREETorAVENUE Andrew D. Holloran, Member Southbridge Development L.L.C. By: ____________________________________________________ Southbridge Development L.L.C. easements, or other documents as allowed by law or by local regulations. Changes to any land-use restrictions or encumbrances may be made by amendments to covenants, zoning regulations, and all conditions of subdivision application have been satisfied. The information shown hereon is current as of 8-12-14. The text and/or graphics shown hereon represent the requirements by the governing body for final plat approval CERTIFICATE OF CONDITIONS OF APPROVAL Lots adjacent to South 19th Avenue shall have a 25-foot setback from South 19th Avenue. 11. Homes on corner lots to have the same orientation as adjacent homes on street.10. Areas designated as WETLANDS are subject to a 50-foot setback.9. (Southbridge Homeowners) and/or future park Maintenance District. All Open Space and Public Access areas are to be owned and maintained by the homeowners association8. Homeowners) and/or future park Maintenance District. All Public Parks are dedicated to the city, but maintained by the homeowners association (Southbridge7. upon the lot. within 30 days said sidewalk for their lot(s) regardless of whether other improvements have been made hereon, any lot owner who has not constructed said sidewalk shall, without further notice, construct to occupancy of any structure on the property. Upon the third anniversary of the recordation of the plat City standard residential sidewalks shall be constructed on all public street frontages of a property prior6. Municipal Code (B.M.C.) said easement shall apply. If a utility easement is greater than the building setback required under Chapter 38 of the Bozeman5. are subject to a 6-foot wide utility easement. All lots are subject to a 10-foot wide front yard utility easement except lots adjoined by an Alley, which 4. A 1-foot wide vehicular No-Access easement exists for Lots along South 19th Avenue.3. All downstream water user facilities will not be impacted by this Subdivision.2. than two (2) feet above the established elevation from the top of curb of the adjoining street. of residential and commercial construction. The finish floor of all residential structures shall be not less first consulting a professional engineer licensed in the State of Montana and qualified in the certification residential dwellings or commercial structures with full or partial basements not be constructed without Due to the potential of high ground water tables in the areas of this subdivision, it is recommended that1. NOTES LEGEND SOUTH 20TH AVE.S O U T H 20 T H A VE. LOT 8LOT 9LOT 10LOT 11LOT 12LOT 13LOT 14LOT 15 LOT 1 LOT 2 LOT 3 LOT 4 LOT 5 LOT 6 LOT 7 LOT 8 LOT 9LOT 10LOT 11LOT 12LOT 13LOT 14LOT 15LOT 16 LOT 9 LOT 10 LOT 11 LOT 12LOT 13 LOT 14 LOT 15 LOT 16 ACCESS PUBLIC OPEN SPACE PUBLIC PARK SHADY LANE PUBLIC PARK SHADY LANE SUBDIVISION) (DEDICATED BY THIS R.O.W. 130