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HomeMy WebLinkAbout14- Westbrook Phase 1-4 Finding of Fact and Order �� PLATTED Return To: City of Bozeman Clerk's Office P.O. Box 1230 2490125 Page: 1 of 24 08/26/2014 09:48:42 AM Fee $168.00 Bozeman, MT 59771-123 0 Charl ������t��������1lls - Gallatin County, MT����������������������IN1111111111111111111111111111111111111111 MISC � BEFORE THE BOZEMAN CITY COMMISSION IN THE MATTER OF THE APPLICATION OF FOUR CORNERS CONSTRUCTION, LLC FOR FINDING OF FACT PRELIMINARY PLAT REVIEW OF WESTBROOK PHASE 1-4 MAJOR SUBDIVISION WITH VARIANCES AND FROM REQUIRED PARK FRONTAGE AND BLOCK ORDER LENGTH, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA PURSUANT to the Montana Subdivision and Platting Act, Section 76-3-101 through 76- 3-625, Montana Codes Annotated (MCA), City of Bozeman Growth Policy, and Chapter 38, Bozeman Unified Development Code, Bozeman Municipal Code (BMC), public hearings were scheduled, after notice given, before the Bozeman City Planning Board on March 18, 2014, and before the Bozeman City Commission on April 14, 2014, on the above-entitled application. The applicant presented to the City Commission a proposed preliminary plat to subdivide 33.5685 acres to create 62 single household residential lots, one multi-household residential lot, and associated park and open space tracts. The purpose of the public hearings was to consider all relevant evidence relating to public health, safety, and welfare, including the required supplemental information, recommendation of the Development Review Committee, and recommendation of the Bozeman City Planning Board Westbrook Phase 1-4 Major Subdivision—Findings of Fact and Order 1 to determine whether the plat should be approved, conditionally approved, or disapproved. Collectively, all application materials, Staff analysis, public comments, presentations before advisory boards, recommendations of advisory boards and applicable regulations are the record of the review. It appeared to the City Commission that all parties and the public wishing to appear and comment were given the opportunity to do so, and therefore, being fully advised of all matters having come before it regarding this application, the City Commission makes the following Findings of Fact, as required: FINDINGS OF FACT I. The application for the preliminary plat review of the Amended Plat of Westbrook Phase 1-4 Major Subdivision was submitted to the City of Bozeman Department of Community Development on December 20, 2013. On December 30, 2013 the application was deemed incomplete and additional information requested from the applicant. On February 5, 2014 the required information was received and the application was deemed acceptable for initial review pursuant to Chapter 38 of the Bozeman Municipal Code. The preliminary subdivision plat, as proposed, will subdivide 33.5685 acres and create a major subdivision containing to create 62 single household residential lots and one multi-household residential lot for development, and associated park and open space tracts with public rights-of-way. The subject property is legally described as described as the Amended Plat of Lot 2A, Minor Subdivision 201A, located in the S1/z of Section 4, Township 2S, Range 5E, of P.M.M, City of Bozeman, Gallatin County, Montana. The project is generally located north of Durston Road, east of Laurel Parkway and south of Annie Street. II. A notice of public hearings before the City of Bozeman Planning Board and the City of Bozeman City Commission was published in the Bozeman Daily Chronicle on Sunday, March 2 and March 9, 2014. The site was posted with a public notice on February 26, 2014. Public notice was sent to adjacent property owners via certified mail, return receipt requested, and to all Westbrook Phase 1-4 Major Subdivision—Findings of Fact and Order 2 other property owners of record within 200 feet of the subject property via first class mail, on February 27, 2014. III. Pursuant to the review authority established by Sections 38.34.010 and 2.05,190, BMC, the Recreation and Parks Advisory Board (RPAB) met on March 7, 2014 to consider the proposed recreation and park plan. The proposed park layout required a variance from the 100% street frontage requirement of Section 38.27.060, BMC. The RPAB considered the adjacent private open space, the additional land provided as required by Section 38.27.060, BMC, and Staff identified mitigation. They concluded that the variance meet the required review criteria. The RPAB suggested additional conditions to reduce the likelihood of encroachments on the park and for improvements as mitigation for the reduced street frontage rather than construction of a parking lot. They concurred with proposed conditions regarding timing of park dedication and installation of improvements to avoid failure of compliance with standards due to the phased nature of the subdivision. The RPAB found that the Westbrook subdivision would not have adverse park implications with this request and recommended approval. IV. The matter of the preliminary plat application for the Westbrook Phase 1-4 Major Subdivision was considered by the City of Bozeman Planning Board at a public hearing on March 18, 2014. The Department of Community Development Staff reviewed the project and the evidence which justified the imposition of conditions, recommendations of the Development Review Committee, RPAB, and local review agencies and the design of the major subdivision, zoning, existing infrastructure, physical features, and variance requests. The Department of Community Development Staff reported that no public comment had been received prior to the hearing in response to the noticing on the matter of this preliminary plat application. The public hearing portion was then opened to hear public testimony on the matter of the preliminary plat application. No public testimony was received. Seeing no public testimony, the Planning Board then closed the public comment portion on the matter of the preliminary plat application. Westbrook Phase 1-4 Major Subdivision—Findings of Fact and Order 3 The Planning Board then considered the minutes of the Recreation and Parks Advisory Board, 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 the applicable variance criteria of Section 38.35.060, BMC. Having completed their review they found that the required review criteria were met with the imposition of the Staff recommended conditions and identified code required corrections. Therefore, they forwarded a recommendation of approval to the City Commission through Planning Board Resolution P-13047. V. The notice for the public hearing before the City Commission originally stated the hearing would be held on April 7, 2014. Due to an excess of matters before the City Commission on the originally scheduled date the hearing was continued to April 14, 2014. No person objected to the continuance. The matter of the preliminary plat application for the Westbrook Phase 1-4 Major Subdivision was considered by the City Commission at a public hearing on April 14, 2014 at which time the Department of Community Development Staff reviewed the project and forwarded the RPAB's and Planning Board's recommendation of conditional approval of the variance request. Mike Balch, C&H Engineering and Surveying, representing Four Corners Construction, LLC, discussed and summarized the design of the subdivision, the variance requests, culverts and fish resting areas in Baxter Creek, and indicated the applicant's general agreement with the recommended conditions of approval. Charles Hinseley, representing Four Corners Construction, LLC gave more detailed comments on concerns the owner had with proposed Condition 4. VII. The public hearing portion was then opened to hear public testimony on the matter of the preliminary plat application. Seeing no public testimony, the City Commission then closed the public comment portion on the matter of the preliminary plat application. VIII. The City Commission then considered the minutes of the Recreation and Parks Advisory Board, Planning Board, Department of Community Development Staff report, public record, the Westbrook Phase 1-4 Major Subdivision—Findings of Fact and Order 4 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 The subject property is designated as "Residential" according to the City of Bozeman Community Plan. The subject property is zoned for residential development and has not been in agricultural production for many years. Therefore,this subdivision will not have adverse effects on agriculture. 2. Effects on Agricultural Water User Facilities Any alterations to the watercourse with road and utility construction will be done so that any potential downstream water rights are not diminished and/or impaired. By law the subdivision of this property cannot damage downstream water users. No ditches are known to be present on the site therefore no ditch easements are depicted on the plat. Baxter Creek, as a natural occurring watercourse, even if supplemented with water for irrigation conveyance, remains under the jurisdiction of the Army Corps of Engineers and the Gallatin Conservation District.Necessary permits for stream crossings have been applied for and must be obtained before beginning any modification to the stream. 3. Effects on Local Services Water/Sewer-Westbrook subdivision will connect to the existing water distribution and sewage collection systems. The subdivision will be served by existing 8" sewer mains located on Annie Street, Laurel Parkway and Oak Street. The existing mains flow to the west and north, respectively,to an existing lift station on Oak Street installed with Laurel Glen Phase 1 Subdivision. The lift station was sized to handle all phases of Laurel Glen Subdivision including the area now known as Westbrook Subdivision. Sewage will be conveyed to and treated at the wastewater treatment plant located at Moss Bridge and Springhill Roads. The extension of Annie Street on the northern border will also enable a second main connection in the water system. This second connection is a substantial improvement in safety of supply to the existing Laurel Glen development to the west as it reduces the possibility that the area can be cut off from service. Streets-Access to the subdivision is provided from Durston Road(Arterial), Laurel Parkway (Collector),both existing streets, and Annie Street,which will be extended to create a connection between segments of roadway in Laurel Glen to the west and in Traditions to the east. Annie Street will divide the proposed Boulder Creek subdivision to the north from the subject site and will be constructed to the same specifications as the existing endpoints. Access to Lot 1, Block 5 will also be provided by Glenwood Drive from the east as well as from Annie Street. Adjacent roadways included for analysis in the applicant's traffic impact study are Cottonwood Road and Flanders Mill Road. The traffic impact study identified that the intersection of Durston Road and Cottonwood Road is currently operating at LOS F at PM Peak. The anticipated trip generation impacts of this subdivision and Boulder Creek subdivision will further degrade this intersection. The developer of this subdivision and the Boulder Creek subdivision will contribute to improvements of this intersection. The traffic impact study recommended several options including adding a four-way stop or a four-way stop in combination with a left turn lane Westbrook Phase 1-4 Major Subdivision-Findings of Fact and Order 5 for westbound traffic.Another option is installing a roundabout at this intersection. Other roadways and intersections are expected to continue to function at acceptable levels of service and thus no other improvements are proposed. The required improvements to the intersection of Durston/Cottonwood are larger than can be attributed to this development. The City has obtained waivers from other developments in the area for participation in special improvement districts which can help fund required improvements. Condition 36 requires waivers of right to protest creation of SIDs for various improvements at locations affected by this development. The City has also listed the intersection as well as expansion of Cottonwood Road and Durston Road as impact fee eligible improvements. At the time the subdivision was reviewed there was not a designed project or a specified funding package to complete the required work. Two other subdivisions are either in review or expected shortly which will require the same improvements to be completed in order to proceed. To protect the public safety,necessary improvements must be installed prior to final plat. The applicant is required by Condition 4 to ensure that an adequate level of service is provided. They will install one of the mitigation options identified in the traffic impact study. Variances to the Unified Development Code, BMC were requested from Section 38.23.040.B "Block Length"to exceed the maximum block length of 400 feet for Block 5, Lot 1. See the variance review section of these findings for discussion on the variance. As part of the street infrastructure lighting must be installed. The physical installation of the lights is done by the developer. A special improvement lighting district is formed to provide for the maintenance and operation of the lights overtime. Conditions 29 and 30 address lighting. Condition 29 requires the use of LED lighting fixtures. This does not modify the pole heights or similar physical performance features. LED street light fixtures have been tested by the City and found to have better performance with lower power consumption and less frequent failures and required maintenance than the standard lights. Therefore, as the residents of the subdivision will be responsible for paying for the ongoing expenses of the lighting,it is appropriate for the City to ensure that the most efficient and best performing lighting is installed to reduce ongoing costs and ensure that the level of service is maintained. 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 Engineering Department prior to filing the final plat to facilitate emergency response to the site. Storm water-The applicant submitted a preliminary design report for storm water management for review by the Engineering Department. The standard requirement for a detailed review of the final grading and drainage plan, and approval by the City Engineer, is required as part of the infrastructure plan and specification review process prior to final plat approval. The required detention ponds are within common open space lot to be owned by the proposed homeowners association. Parklands—The applicant submitted a master park plan for this project. The Westbrook Master Park Plan is comprised of three major components: dedicated park areas, open space areas and a trail network. A variance for less than the required 100%park street frontage has been requested. The required parkland calculation is as follows: 62 single-household lots x .03 acres per lot= 1.86 acres; and Westbrook Phase 1-4 Major Subdivision—Findings of Fact and Order 6 1 multi-household Iot @ 5.411 acres x 8 du/acre x .03 acre per dwelling unit= 1.2987 acres, for a total minimum required parkland acreage of 3.1587 acres. The applicant is providing an additional 0.6726 acres for a total of 3.8313 acres. The additional acreage is required per Section 38.27.060 to off-set the reduction of vehicle parking that would have been along the frontage but which will not be provided. The less than 50%of street frontage is due to the presence of lots along the southern side of the park and a large common open space protecting Baxter Creek along the east and north sides. Staff supported the variance as discussed under the variance review section of these findings. Condition 5 requires completion of additional mitigation of the removal of parking improvements. The Recreation and Parks Advisory Board subdivision committee(RPAB) accepted the proposed condition and recommended additional investment within the park rather than construction of a parking lot. The proposed park is located in the NW corner of the development and in the fourth phase. The applicant must show compliance with the parkland dedication requirements with each phase. Therefore, Condition 6 requires that with the first final plat the entire park area shall be established by a public park easement. Each phase will then have assurance that the final park land required will be available and provided as needed. Improvements to park frontage and internal configuration will proceed according to the development of the adjacent phasing. A trail,within a public access easement,is planned for the east side of Baxter Creek, as part of Phase 2. A 30-foot wide public access easement is also planned to run north to south through the Blocks 1-4 of the subdivision and connect to the park, which will be located at the northwest corner of the development. As mitigation for a variance to allow greater block length for Lot 1, Block 5, Condition 18 requires installation of an east to west trail connection. Without the connection there is a one-quarter mile barrier created by the extended block length. The condition will also link the proposed trail to existing park facilities in adjacent subdivisions. The condition addresses timing of installation of the required trail and the proffered trail. Condition 9 requires the installation of the north-south trail with phase 2 which is the phase which creates the common open space tract and lot through which the trail passes. The proposed park layout has private parcels along its southern boundary. There is a tendency for private use to encroach into the park land over time. The RPAB has requested, Staff drafted, and the City Commission approved Condition 15 to ensure that the boundary is clearly delineated. Condition 14 requires that a common fencing style be adopted by the developer for areas adjacent to the public park and common spaces. This provides for more consistent ability to install and maintain the fence and provides a more pleasant appearance to the public spaces. The condition does not mandate a particular style of fencing. Conditions 11, 12, 13, 16, and 19 address the property owner's association documentation. In order to have clarity of responsibility, equity of assessed costs, adequate provision of maintenance to public parks and private open spaces, and to avoid future conflicts the City is requiring that the owner's association for all phases be established with the first final plat. The association can be structured such that proportional contribution to costs is made as each phase is constructed and receives final plat. The City has experienced several failed multi-phase subdivisions which had inadequate owner's association structure. To avoid the possibility of similar associated problems the City requires a more proactive approach with this development. 4. Effects on the Natural Environment Westbrook Phase 1-4 Major Subdivision—Findings of Fact and Order 7 With the exception of the Baxter Creek water course and associated wetlands,no significant physical or topographical features have been identified(i.e., outcroppings, geological formations, steep slopes). Any mitigation and enhancement of wetlands will occur only with the approval of 310 and/or 404 Permits from the Gallatin County Conservation District and Army Corp of Engineers. A 404 permit was issued to Laurel Glen Phases 3 &4,which was never developed (now Westbrook after sold to current owner) in 2008. The applicant applied for a new 310 permit, which was issued in December 2013 and was granted a modification and extension of the 404 permit also in December 2013. Groundwater quality will be protected by the installation of municipal sanitary sewer services and appropriate measures are proposed by the developer with residential construction. Provisions have been discussed in the applicant's submittal to address the control of noxious weeds and maintenance of common open space areas, and will be further addressed with the protective covenants and compliance with the recommended conditions of approval. Some large existing trees will be removed and new plantings will be placed in the Baxter Creek watercourse. Condition 9 requires that the watercourse plantings occur not later than phase 2 which is the phase which will create the common open space parcel surrounding the watercourse. 5. Effects on Wildlife and Wildlife Habitat According to the Montana Department of Fish, Wildlife and Parks (FWP), there are several large cottonwood trees on the property (located generally in the south-central area). These cottonwoods should be maintained to continue to provide perching,nesting and foraging for raptors.No condition of approval required maintenance of the trees. Beyond these concerns, FWP has not identified any known endangered species or critical game ranges on the site. Other species such as white-tailed deer,pheasants, foxes and ground squirrels might be present and displaced, but these are not population-level concerns. Two other primary concerns were addressed. The first one is related to the avoidance of impacts to fish and to surface waters via pollution from homes,utilities and infrastructure, etc.,including avoidance of disturbance of riparian and wetland vegetation. The second is a concern regarding preventing localized stream disturbances during construction. FWP prefers the installation of bridges in lieu of culverts for crossings. Two stream crossings are proposed,the installation of Annie Street and a pedestrian trail crossing at approximately the north/south midpoint over Baxter Creek. The installation of a bridge on a public street involves the Gallatin County Road and Bridge Department. All local street bridges, even within the City, are under the County's jurisdiction. The City Commission did not require a bridge for the Annie Street crossing of Baxter Creek. The Commission considered whether to require a bridge rather than a culvert for the trail crossing of Baxter Creek. They determined to not require a bridge. The applicants have begun the necessary permitting process to receive approval for installation of culverts. 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 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,M.C.A. and as a Westbrook Phase 1-4 Major Subdivision— Findings of Fact and Order 8 result, the DRC has reviewed this application against the listed criteria and further provides the following summary for submittal materials and requirements. B. Compliance with survey requirements provided in Part 4 of the Montana Subdivision and PIatting Act The subject property 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, the 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: A. All construction activities shall comply with section 38.39.020.A.2, BMC. 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. B. Section 38.41.020, BMC outlines additional permits that may be required beyond what is administered by the City of Bozeman. The Montana Department of Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineer's shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to plan and specification approval. C. All street and alley intersections should meet the spacing criteria in section 38.24.090.D, BMC unless a deviation can be justified. The information required by 38.24.090.1-1, BMC must be submitted to support any spacing deviation request. D. Section 32.23.070, BMC specifies plans and Specifications for water and sewer main extensions, prepared and signed by a Professional Engineer (PE) registered in the State of Montana shall be provided to and approved by the City Engineer. Water and sewer plans shall also be approved by the Montana Department of Environmental Quality. The applicant shall also provide Professional Engineering services for Construction Westbrook Please 1-4 Major Subdivision—Findings of Fact and Order 9 Inspection, Post-Construction Certification, and preparation of mylar Record Drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a preconstruction conference has been conducted. No building permits shall be issued prior to City acceptance of the required infrastructure improvements unless concurrent construction is granted. E. Section 38.41.080.g.7, BMC requires the location of and distinction between existing and proposed sewer and water mains and all easements shall be clearly and accurately depicted on the plans and specs, as well as all nearby fire hydrants and proposed fire hydrants. F. Section 38.41.080.2.g.9, BMC requires A Storm water Master Plan for the subdivision for a system designed to remove solids, silt, oils, grease, and other pollutants from the runoff from the private and public streets and all lots must be provided to and approved by the City Engineer. The master plan must depict the maximum sized retention/detention basin location, and locate and provide easements for adequate drainage ways within the subdivision to transport runoff to the storm water receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin sites, drainage ways, and lot finished grades), typical storm water retention/detention basin and discharge structure details, basin sizing calculations, and a storm water maintenance plan. Any storm water ponds located within park or open space shall be designed and constructed so as to be conducive to the normal use and maintenance of the park or open space. Storm water ponds shall not be located on private lots. Detailed review of the final grading and drainage plan and approval by the City Engineer will be required as part of the infrastructure plan and specification review process. G. A Storm Water Management Permit (SMP) must be submitted and approved by the City Engineer. The SMP requires submittals of an application form and a Storm Water Management Plan in compliance with the City of Bozeman's Storm Water Management Ordinance #1763. The SMP is independent of any other storm water permitting required from the State of Montana, and does not fulfill the requirement to obtain a Storm Water Pollution Prevention Plan (SWPPP) if they are required for this development. H. Section 38.27.090, BMC "Waiver of Park Maintenance District"—Prior to final plat approval 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, unless already filed with annexation. D. Compliance with the local subdivision review procedures provided in Part 6 of the Montana Subdivision and Platting Act Westbrook Phase 1-4 Major Subdivision—Findings of Fact and Order 10 A subdivision pre-application was submitted on January 29, 2013. The pre-application was reviewed by the DRC on February 20°i and 27"', 2014 and summary review comments were forwarded to the applicant in preparation of the preliminary plat application. No waivers for supplemental information were requested as allowed under 38.41.060, BMC. The application for the preliminary plat review of the Amended Plat of Westbrook Phase 1-4 Major Subdivision was submitted to the City of Bozeman Department of Community Development on December 20, 2013. On December 30, 2013 the application was deemed incomplete and additional information requested from the applicant. On February 5, 2014 the required information was received and the application was deemed acceptable for initial review pursuant to Title 38 of the Bozeman Municipal Code (BMC). On February 26, 2014 the DRC determined the submittal contained detailed, supporting information that is sufficient to allow for the review of the proposed subdivision. The Recreation and Parks Advisory Board subdivision review committee met and offered comments on the proposal on March 7, 2014. Notice of public hearings was given by posting on-site, mailing by certified mail to adjacent property owners and by first class mail to other owners within 200 feet, and by publication in the Bozeman Daily Chronicle. Hearings were conducted by the Bozeman City Planning Board on March 18, 2014, and before the Bozeman City Commission on April 14, 20t4, on the application. On March 13, 2014 a subdivision staff report was drafted and forwarded with a recommendation of conditional approval by the DRC for consideration by the Planning Board. The Planning Board considered the application on March 18, 2014. A revised staff report incorporating the deliberations of the Planning Board was prepared and provided to the City Commission on April 7, 2014. The City Commission made a final decision at their April 14, 2014 public hearing. The final decision for a Major Subdivision Preliminary Plat was completed within the required time of within 60 working days of the date it was deemed complete. E. Provision for easements for the location and installation of any planned utilities As noted under Staff Finding C above and required by Section 38.23.060.A, BMC 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. F. Provisions of legal and physical access to each parcel The proposed lots meet the minimum lot width and frontage requirements. In addition, the lots will gain access from frontage on internal local streets. The final plat of each phase shall include a public access easement for all trails within that phase. All streets are proposed to be dedicated to the public. A change to non-dedicated streets would be a material change to the subdivision and require additional review before final plat approval could be granted. G. Compliance with Chapter 38, BMC and other relevant regulations The applicant requested variances from four sections of the UDC. Specifically, the requested variances were from: A) Section 38.24.090.D.3 (Access) to allow a Iocal street intersection to be closer than normally allowed to Durston Rd., Westbrook Phase 1-4 Major Subdivision—Findings of Fact and Order 11 1) Section 38.27.060.A (Parkland Frontage) to allow parkland with less than 50% of its perimeter fronting public streets, 2) Section 38.23.0301 (Lot Depth) to allow a lot (Block 5, Lot 1) with a depth greater than three times its width, and 3) Section 38.23.040 (Block Length) to allow a block (Block 5, Lot 1) with a length greater than 400 feet. Beyond these variance requests, based on review of the DRC, the RPAB and the Department of Community Development, all applicable regulations appear to be met when all proposed conditions and code requirements are met. Pertinent code provisions and site specific requirements are included in this report for Planning Board and City Commission consideration. Analysis of the variances is prepared in IX. The City Commission considered the Applicants requests for variances to: A) Section 38.24.090.D.3 (Access) to allow a local street intersection to be closer than normally allowed to Durston Rd., 1) Section 38.27.060.A(Parkland Frontage) to allow parkland with less than 50% of its perimeter fronting public streets, 2) Section 38.23.030.F (Lot Depth) to allow a lot (Block 5, Lot 1) with a depth greater than three times its width, and 3) Section 38.23.040 (Block Length) to allow a block (Blocks 1-4, Block 5, Lot 1) with a length greater than 400 feet. In the course of review it was determined that the variance requested designated A was not required and instead was a decision within the discretion of the City Engineer. The remaining three variances were determined to be required as presented. The variances were from zoning standards. Therefore, 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 required criteria in that each variance: Variance Request 1) The request is to allow parkland with less than 50% of its perimeter fronting public streets. The Westbrook Master Park Plan is comprised of three major components: dedicated park areas, open space areas and a trail network. Westbrook Phase 1-4 Major Subdivision—Findings of Fact and Order 12 The applicant is providing more than the minimum acreage for dedicated park based on the number of expected homes. The additional acreage is required per Section 38.27.060 to off- set the reduction in available vehicle parking that would have been along the frontage. The less than 50% street frontage is due to the presence of lots along the southern side of the park and a large common open space protecting Baxter Creek along the east and north sides. The proposed park is located in the northwest corner of the development. Several conditions have been established regarding parks which are presented in Section 3 of this report. The proposed dedicated park has a total perimeter of 1,736.13 feet. Of that perimeter 634.3 feet, 36.5%, are adjacent to a public right of way. Of that perimeter 531.6 feet, 30.6%, are adjacent to the private common open space along Baxter Creek. The requirement for street frontage does not apply to private common open space. The northern boundary of the park is adjacent to Annie Street. Baxter Creek turns to the northwest which shapes the park and substantially reduces the street frontage by approximately 360 feet. A wetlands mitigation site is located northeast of Baxter Creek which constrains access from that direction. If the watercourse area were added to the existing street frontage there would be 57% street frontage. The City's regulations generally discourage dedication of watercourses as parkland due to the difficulty of the maintenance by the Parks Department. Condition 5 requires completion of additional mitigation of the removal of parking improvements. Such additional mitigation is required by Section 38.27.060, BMC. The RPAB subdivision committee accepted the proposed condition and suggested additional investment within the park rather than construction of a parking lot as mitigation for the reduction in street frontage. The RPAB preferred removal of the lots from Block 4 which would create additional street frontage. Review criterion 1. Will not be contrary to and will serve the public interest; The municipal code provides a variety of alternatives to address the provision of street frontage for parks. There is a public benefit in having visual and physical access to the public parks. The present design provides street access on three sides of the park with the least access being on the south through a pedestrian walk of 30 feet in width. This park is paired with a second proposed park north of Annie Street as part of the Boulder Creek Subdivision. There will Westbrook Phase 1-4 Major Subdivision— Findings of Fact and Order 13 be a considerable amount of area along the watercourse which will be part of the private common open space which will be preserved as open space. The Subdivision and Platting Act and the corresponding local regulations provide for a variety of ways to satisfy park land dedications. This includes provision of private parks. On balance, the appropriate amount of land is dedicated, access is provided on three sides of the park, and there is a mechanism to offset the loss of parking caused by having less public street frontage. Therefore, Commission concluded this criterion is met. Review criterion 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: a. Hardship does not include difficulties arising from actions, or otherwise be self- imposed, by the applicant or previous predecessors in interest, or potential for greater financial returns; and b. Conditions unique to the property may include, but are not limited to, slope, presence of watercourses, after the fact imposition of additional regulations on previously lawful lots, and governmental actions outside of the owners control; Baxter Creek is a natural stream. Protection of wetlands and minimizing disruption to streams is a priority in the City's regulations. The City could accept the additional area of the watercourse which is adjacent to Annie Street as a park dedication and the regulation from which the variance is requested would be met. There would be no additional parking created, no additional access to the park provided, and additional public expense would result. The presence of Baxter Creek restricts the ability to place a street on the east side of the park. Removal of the lots from Block 4 would provide additional frontage but no additional Iand is required and so more land would be given to the City than needed to meet regulations. Commission concluded the criterion is met. Review criteria 3. Will observe the spirit of this chapter, including the adopted growth policy, and do substantial justice; As described above there is a variety of options for providing parkland. The balance of issues of access, maintenance responsibilities, possible loss of four lots (6.4% of all lots), and Westbrook Phase 1-4 Major Subdivision-Findings of Fact and Order 14 protection of open space by creation of a private common open space Iot collectively appears to do substantial justice. Commission concluded the criterion is met. The fourth criterion is specific to floodplains and is not applicable to the requested variance. Therefore, it is not presented here. Variance Request 2) The request for greater depth of a lot than normally allowed by Section 38.23.030 must be considered against the language of the entire section. The section limits the depth to width ratio to 3:1 but then provides several circumstances when this ratio does not apply. One of the exceptions is "when necessitated by physical features of the land." Baxter Creek and associated wetlands and floodplain bisect the property. Lot 1, Block 5 is isolated on the east side of the creek and adjacent to Traditions subdivision. There is only one street access on the east side of the lot which is Glenwood Drive. The only available street alignment which could connect across Baxter Creek is Glenwood Drive which would cross at the very widest portion of the wetlands. All other east to west streets are blocked by existing platted lots in the Traditions subdivision to the east. Given the distance from Glenwood Drive to Annie Street the depth to width ratio could not be met even if Glenwood Drive were connected. Lot 1, Block 5 is forced into a configuration that does not conform to the standard due to the physical features of the site. If an additional north to south street were platted paralleling the creek on the east side of Baxter Creek and connecting to Glenwood Drive the lot depth would be quite shallow, averaging about 90 feet. This is a difficult configuration to develop when the required setbacks are deducted. Even though the proposed configuration is not the only available option the proposed option does conform to the exemptions to the required ratio allowed in 38.23.030.F. Therefore, the Commission determined a variance was not required even though the default standard is not met. Variance Request 3) The request for greater length of block than normally allowed by Section 38.23.040, BMC must be considered against the language of the entire section. That section establishes a minimum, a preferred, and a maximum length. There is latitude under the Westbrook Phase 1-4 Major Subdivision—Findings of Fact and Order 15 section to consider various factors as to whether a block may be allowed to exceed the preferred length under certain conditions without a variance being required. The maximum block length allowed is 1,320 linear feet. The length of Lot 1, Block 5 is 1,171 feet. Therefore it does not exceed the allowed maximum and the alternative compliance options may be considered. Blocks are allowed to be longer "if necessary due to topography, the presence of critical lands, access control, or adjacency to existing parks or open space." Baxter Creek and associated wetlands and floodplain bisect the property. The only available street alignment which could connect across Baxter Creek is Glenwood Drive which would cross at the very widest portion of the wetlands. All other east to west streets are blocked by existing platted lots in the Traditions subdivision to the east. If a block is allowed to exceed the preferred length, per paragraph D of Section 38.23.040, BMC it is necessary to provide pedestrian connectivity. The required construction of such pedestrian walks is required by ordinance to be a standard city concrete sidewalk. Conditions 17 and 18 provide recommended mitigation to the variance request. Condition 17 ensures connectivity by vehicles to Glenwood Drive and Condition t 8 provides for a pedestrian connection east to west from Glenwood Drive west of Baxter Creek to an existing park segment on the eastern border of the Westbrook Subdivision. The proposed character of this connection is as a trail since it is crossing sensitive environmental features. Such crossings in watercourse areas are authorized by Section 38.23.100, BMC. The proposed pedestrian connection is by trail rather than by sidewalk. Therefore, the variance is appropriate as the procedural tool to allow a longer than preferred block length for Lot 1, Block 5 without provision of a concrete pedestrian connection. For Blocks 1-4 the proposed pedestrian walk is provided within an appropriately sized space and will be constructed of concrete as required by code. The block length is constrained by the City's access control regulations to arterial streets. Two north to south pedestrian connections are provided within this distance, the pedestrian walks through Blocks 1-4 and the north-south trail within the watercourse. It was determined that a variance from the block length standard was not required for Blocks 1-4. A variance was required for Lot 1, Block 5 and analysis of the criteria follows. The city shall not approve variances unless it makes findings based upon the evidence presented in each specific case that: Westbrook Phase 1-4 Major Subdivision—Findings of Fact and Order 16 Review criteria 1. Will not be contrary to and will serve the public interest; The alternative east-west pedestrian connection still complies with the basic requirement for pedestrian connection. Pedestrians are especially sensitive to distance of travel. Having no connection places a significant physical barrier between two residential areas. That is contrary to the City's intent and specific standards. Connection is provided in a manner, by trail, which reduces potential injury to the watercourse area and consistently with the standards for development of pedestrian facilities in a watercourse. This advances the public interest by balancing competing public benefits and complying to the greatest possible degree with both standards. Conditions 17 and 18 ensure that appropriate mitigation for the variance is provided and pedestrian connectivity is installed. Review criteria 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: a. Hardship does not include difficulties arising from actions, or otherwise be self- imposed, by the applicant or previous predecessors in interest, or potential for greater financial returns; and b. Conditions unique to the property may include, but are not limited to, slope, presence of watercourses, after the fact imposition of additional regulations on previously lawful lots, and governmental actions outside of the owners control; Baxter Creek is a natural stream. Protection of wetlands and minimizing disruption to streams is a priority in the City's regulations. If the City insisted on the construction of Glenwood Drive substantial damage to wetlands and impact on floodplain would occur. Although financial burden is not an indicator of unnecessary hardship there would be considerable additional expense to construct a facility which would provide little public benefit compared with the financial and environmental impacts. Review criteria 3. Will observe the spirit of this chapter, including the adopted growth policy, and do substantial justice; As described above, the use of pedestrian facilities to comply with the block length standard is allowed. The only reason for the variance rather than a determination of alternative Westbrook Phase 1-4 Major Subdivision—Findings of Fact and Order 17 compliance is the material used to construct the pedestrian facility. It appears that providing a small degree of flexibility in construction materials to better fit the physical environment will observe the spirit of the chapter including protection of watercourses and wetlands while providing pedestrian connectivity. Provision of good connectivity is encouraged by the growth policy in chapter 11 and protection of environmental features is encouraged by the growth policy in chapter 9. Collectively it appears to do substantial justice. The fourth criterion is specific to floodplains and is not applicable to any of the requested items. Therefore, it is not presented here. 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 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. X. After considering all matters of record, the City Commission found that preliminary plat for Amended Plat of Westbrook Phase 1-4 Major 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 (unanimously), that the Preliminary Subdivision Plat of the Amended Plat of Westbrook Phase 1-4 Subdivision be approved, subject to the following conditions: 1. 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. Westbrook Phase 1-4 Major Subdivision—Findings of Fact and Order 18 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. 2. All common open spaces shall be clearly designated on the plat with sequential incrementors such as Common Open Space A, Common Open Space B, etc. All references within covenants, application materials, etc shall clearly refer to the identified spaces. 3. The final plat shall include a transfer of private improvements certificate to read substantially as follows: CERTIFICATE OF TRANSFER OF OWNERSHIP & COMPLETION OF NON-PUBLIC IMPROVEMENTS The following are hereby granted and donated to the property owners association noted below for their use and enjoyment: Common Open Space parcels designated with letters A, B, C, D, E, F, G and H. Unless specifically listed in the Certificate of Dedication, the city accepts no responsibility for maintaining the same. 1, (Subdivider), hereby further certify that the following non-public improvements, required to meet the requirements of Chapter 38 of the Bozeman Municipal Code, or as a condition(s) of approval of the subdivision plotted herewith, have been installed in conformance with any approved plans and specifications prepared in accordance with the standards of Chapter 38 or other City design standards, or have been financially guaranteed and are covered by the subdivision improvements agreement accompanying and recorded with this plat. Installed Improvements: (LIST ITEMS). Financially Guaranteed Improvements: (LIST ITEMS OR STATE NONE). The subdivider hereby grants ownership of all non-public infrastructure improvements to the property owners association created by Document Number (To be filled in when recorded) By: (Subdivider) Date: 4. The traffic impact study submitted with this major subdivision application demonstrates that the intersection of Durston Rd. and Cottonwood Rd. is currently operating at LOS F at PM Peak and therefore does not operate at an acceptable level of service. Section 38.24.060.B.4, BMC outlines the requirements for operating levels of service for arterial and collector intersections. No development may occur until Section 38.24.060.B.4 is adequately addressed. The Westbrook Subdivision will proportionately contribute to the local share of the costs to correct the deficiency in service. 5. Section 38.27.020, BMC "Park Area and Open Space Requirements" - Based on the proposed 63 residential lots being created for the purposes of 62 single household detached dwellings and 1 multi-household lot, the following is required: a. 62 single household lots: .03 acres per dwelling of dedicated parkland or 1.86 acres of parkland; Westbrook Phase 1-4 Major Subdivision—Findings of Fact and Order 19 b. One multi-household lot: 5.4111 acres x 8 dwelling unit per acre x .03 acre or 1.2987 acres of parkland, for a total of 3.1587 acres of parkland. c. Per Section 38.27.060 the required additional land has been proposed as needed to offset the lack of frontage on the park. However a parking area must be constructed or alternative improvements to an equal value shall be installed. The final park master plan shall describe in detail the means by which these additional improvements shall be provided. Any proposed public parklands for the residential development may not be located in the water course setback or associated wetlands. 6. The public park area for all phases shall be provided as a public park easement with the final plat of the first phase of the Westbrook Subdivision. The easement boundaries and area shall correspond with the approved park layout and park master plan. 7. The sewer line depicted as crossing the proposed park shall be rerouted to not impact the park. It is the preference of the City to locate all water/sewer mains within the alignment of public streets and alleys. The proposed 8" sanitary sewer main running north through the public park should be relocated to be aligned within Laurel Parkway. The City Engineer may approve an alternate route if the applicant can demonstrate no other viable alternative route exists. 8. The pedestrian walk depicted on Blocks 1 -4 shall be constructed to City standards of Section 38.23.040 and located in a 30-foot wide public access easement as proffered on the preliminary plat in the common open spaces. The maintenance of the walk shall be an obligation of the property owners association. Design and final location shall be included in the plans and specifications for the public infrastructure. 9. The proposed watercourse planting and north-south trail shall be installed not later than the submittal to the City of the review documents for the final plat of phase 2 of the Westbrook Subdivision. Prior to proceeding with construction of the public trail the applicant shall have a pre-construction meeting with the Department of Recreation and Parks. 10. 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 and adjacent to public parks or other open space areas in each phase is required prior to the final plat application of that phase in accordance with the requirements of Section 38.27.070 "Landscaping of Public Lands". This includes the common open spaces providing pedestrian walks in Blocks 1-4. 11. The property owner's association documents created for this subdivision shall include provisions describing the agreed upon method of contribution to the Westbrook Property Owner's Association and binding property owners to contribute to the maintenance and upkeep of dedicated parks and publicly accessible open space lands required to be maintained by the Westbrook Property Owner's Association. The provisions in the property owner's association documents fulfilling this condition shall be considered required by the City Commission pursuant to Section 38.38.030.A.5, BMC. Westbrook Phase 1-4 Major Subdivision—Findings of Fact and Order 20 12. The property owner's association documents for this subdivision shall be drafted such that the entirety of the property being subdivided in all phases is subject to the obligations of park and open space maintenance with the recording of the final plat of the first phase. 13. 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 them as public parkland within the subdivision. 14. Fences located in the front, side or rear yard setback of properties adjacent to any park or open space shall not exceed a maximum height of four (4) feet, and shall be of an open construction designed in a manner to be consistent along all park land and open space areas. Proposed fencing shall conform to Section 38.23.130 "Fences, Walls and Hedges." This requirement with appropriate exhibits of fence types shall be addressed and illustrated in the property owner's association documents. The documents shall include a single fence style acceptable to the City for locations fronting any public park. 15. A clear physical delineation shall be provided along the property line between the proposed park and the adjacent private lots. Fencing or vegetation may be used with any items located within the proposed park to be included in the final park master plan. 16. The definition for "parks" in the property owner's association (POA) documents shall not include reference to any lands being conveyed to the City of Bozeman or reference to "Public Park", unless it is public parkland being dedicated with this major subdivision. 17. As mitigation for the requested variance to block length, Glenwood Lane shall be extended into Lot 1, Block 5 by either easement or dedication for a distance of not less than 75 feet. 18. As mitigation for the requested variance to block length, the existing pedestrian connection presently terminated at the east property line of Lot 2A and located in Park 8 between lots 4 and 5, Block 8, Traditions subdivision shall be extended to connect to the proposed trail located in the open space and shall be connected to Glenwood Lane west of Baxter Creek. A public access easement for the pedestrian connection shall be provided in accordance with Section 38.27.110, BMC. Prior to proceeding with construction of the public trail the applicant shall have a pre-construction meeting with the Department of Recreation and Parks. a. Construction of the trail connection between Glenwood Lane west of Baxter Creek and the north-south trail shall be completed no later than submittal to the City of the review documents for final plat of Phase 2 of the Westbrook Subdivision. b. Connection between the north-south trail and Park 8 shall be by public access easement and a constructed surface to be determined at the time of development of the proposed Lot 1, Block 5, Westbrook Subdivision. The connection shall connect the proposed north-south public access trail to Rosa Way. A notice of this obligation shall be recorded with the filing of the final plat for Lot 1, Block 5, Westbrook Subdivision. Westbrook Phase 1-4 Major Subdivision—Findings of Fact and Order 21 19. The documents required by Section 38.38.030 "Covenants"- Covenants,restrictions, and articles of incorporation for the creation of a property owners' association shall be submitted with the final plat application for review and approval by the Planning Office and shall contain, but not be limited to the following items: 1)the orientation and setbacks for corner lots,2) all additional setbacks required when lots are adjacent to pathway corridors and minor arterial roads, 3)provisions for fences,4)provisions for snow removal,maintenance and upkeep of all common areas,public and private parks,trails, storm water runoff facilities, 5) guidelines that outline architectural and landscape requirements if any for each individual lot and/or phase of the subdivision,including placement of boulevard trees at a regular spacing for each residential lot, 6)provisions that outline the renewal of an annual contract with a certified landscape nursery person for the upkeep and maintenance of all parklands, common open space,trails, etc., 7)landscape details for detention ponds, outlet structures,boulevard trees,parkland, irrigation, etc., 8)mitigation of groundwater with established floor elevations and"no basement restriction", 9)noxious weed control, 10) parking within residential structures,and 11) assessment of existing and future Special Improvement Districts. 20. Section 38.23.070 specifies that the Developer's engineer will be required to prepare a comprehensive design report evaluating existing capacity of water and sewer utilities which must be provided to and approved by the City Engineer. The report must include hydraulic evaluations of each utility for both existing and post-development demands. The report findings must demonstrate adequate capacity to serve the full development. The report must also identify the proposed phasing of water and sewer construction. If adequate water and/or sewer capacity is not available for full development,the report must identify necessary water system and sewer system improvements required for full development. The Developer will be responsible to complete the necessary system improvements to serve the full development. All water mains over 500 feet in length must be looped. 21. The proposed development had previously addressed sewer capacity with dependence on the area lift station. Design calculations shall be provided to verify the new density of the subdivision does not exceed what was previously accounted for. 22. The property owners dependent on the sewage lift station shall be responsible for financing the costs of its operation and maintenance. Maintenance shall be provided by the City. 23. Upon availability of service, any existing residence/business on the property must be connected to City water and sewer utilities. The existing on-site treatment systems must be properly abandoned and certification provided the abandonment occurred. Any wells presently used for domestic purpose can be retained for irrigation only with no physical connection to domestic water piping. 24. Section 38.23.060.c specifies any easements needed for the water and sewer main extensions shall be a minimum of 30 feet in width. While the final location of the water and sewer mains will be determined once the final street widths are approved, in no case shall the utility be less than 10 feet from the edge of the easement. All necessary easements shall be provided prior to final plat approval and shall be shown on the plat. Wherever water and/or sewer mains are not located under or accessed from improved streets, a 12 foot wide all weather access drive shall be constructed above the utilities to provide necessary access. Westbrook Phase 1-4 Major Subdivision-Findings of Fact and Order 22 25. Street names must be approved by the City Engineer and Gallatin County road office prior to final plat approval. 26. Proposed typical section for streets for this development shall be provided prior to review of plans and specifications and final plat approval. 27.A one foot no access strip shall be recorded on the final plat restricting access for any lots fronting onto Durston Road. 28. The sidewalk along Durston Road frontage shall be installed with the first phase and may not be financially guaranteed. The sidewalks on Durston must be 6' wide and 6"thick. 29. All public street lights shall use LED light emitters. 30. A complete application for the required special improvement lighting district shall be submitted to the City of Bozeman Finance Department at least 60 working days prior to the submittal of the final plat for review. 31. Secondary accesses will be required with each individual phase of this development as the project proceeds from one phase to the next. 32. Road geometry should meet the criteria in the City of Bozeman design standards unless a deviation can be justified. Some of the intersections do not meet the standards as currently shown. 33. The location of mailboxes shall be coordinated with the City Engineering Department prior to their installation. 34. Project phasing shall be clearly defined on the infrastructure plans and specifications including installation of infrastructure. 35. The applicant shall submit a construction route map dictating how materials and heavy equipment will travel to and from the site in accordance with section 38.39.020.A.I of the Unified Development Ordinance. This shall be submitted as part of the final site plan for site developments, or with infrastructure plans for subdivisions. It shall be the responsibility of the applicant to ensure that the construction traffic follows the approved routes. 36. The applicant shall provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SID's) for the following: a. Street improvements to Durston Road including paving, curb/gutter, sidewalk, and storm drainage (unless currently filed with the property). b. Street improvements to Cottonwood Road including paving, curb/gutter, sidewalk, and storm drainage(unless currently filed with the property). c. Street improvements to Laurel Parkway including paving, curb/gutter, sidewalk, and storm drainage (unless currently filed with the property). d. Street improvements to West Oak Street including paving, curb/gutter, sidewalk, and storm drainage (unless currently filed with the property). e. Signalization of the intersection of Laurel Parkway and Durston Road. f. Signalization of the intersection of Cottonwood Road and Durston Road. Westbrook Phase 1-4 Major Subdivision—Findings of Fact and Order 23 The document filed shall specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property,traffic contribution from the development, or a combination thereof. 37. That the final plat contain the following language that is readily visible with lettering, at a minimum size of 12 point type, placing future landowners of individual lots on notice of the presence of high groundwater in the area of the subdivision for review and approval by Community Development: "Due to the potential of high ground water tables in the areas of the subdivision,it is not recommended that residential dwellings or other structures with full or partial basements be constructed without first consulting a professional engineer licensed in the State of Montana and qualified in the certification of residential and commercial construction. The finish floor of all residential structures shall be not less than two (2) feet above the established elevation from the top of curb of the adjoining street" 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 14th day of July, 2014. BOZEMAN CITY COMMISSION �ozE .E USS • or ATT t '. STA Clty 1 r � ••s• :'��= .4: . APPROVED S TO FORM: LL�TliV LU. . SULLIVAN City Attorney Westbrook Phase 1-4 Major Subdivision—Findings of Fact and Order 24