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Z-95125 P-9539 Findings of Fact and Order
^. >.7nr"\^\XQHLJ^-BEFORE THE BOZEMAN CITY COMMISSIONCITY OF BOZEMAN, MONTANAFINDWGS OF FACTAND ORDERIN THE MATTER OF THE APPLICATION OFDONALD HANNAH FOR PRELIMINARY SUBDIVISIONPLAT APPROVAL OF SUNDANCE SPRINGS PLANNEDUNIT DEVELOPMENT SUBDIVISION, PHASE I, ANDFOR CONDITIONAL APPROVAL OF A ZONINGPLANNED UNIT DEVELOPMENTPURSUANT to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-614, Montana Codes Annotated, the Bozeman Area Subdivision Regulatious, and the BozemanZoning Ordinance, public hearings were held, after notice given, before the Bozeman City-CountyPlanning Board on October 17, 1995, and before the Bozeman City Commission on November 20,1995, on the above-eatitled applications. The purpose of the public hearings was to review thepreliminary applications for the Sundance Springs Zoning Planned Unit Development and for thePhase 1 subdivision thereof, as submitted by the applicant, together with the required supplementaryplans and information, to determine if the information submitted meets the requirements of theBozeman Area Subdivision Regulations, Montana Subdivision and Platting Act, Bozeman ZoningOrdinance, and the Bozeman. Area Master Plan, and m addition, to listen to and consider publictestimony concerning the applications and to consider written comments.It appeared to the City Commission that all parties wishing to appear and comment weregiven a reasonable opportunity to do so, and as the City Commission was fully advised of all mattershaving come before it regarding these applications, makes the following Findings of Fact, asrequired:FINDINGS OF FACT AND ORDER - SUNDANCE SPRINGS P.U.D.PAGE1( f"FINDINGS OF FACTI.The application for a Conditional Use Permit for a zoning Planned Unit Development(P.U.D.) for the phased development of 147.23 acres and the subdivision preliminary plat for thefirst subdivision phase to divide 72.2 acres into residential and neighborhood service lots, commonopen space, and public streets, was made on September 1, 1995. The applications were made onproperty located in the NE1/4 of Section 25, T2S, R5E, PMM, and the NW/4 of Section 30, T2S,R6E, PMM, Gallatin County, Montana. The lots will be served by City ofBozeman water andsewer services, aad will be accessed from South Third Avenue and Goldenstein Lane.II.Notices of the public hearings before the City-County Planning Board and the Bozeman CityCommission were published in the Bozemaa Daily Chronicle on October 1,1995 (for Zoning PUD)and October 5, 1995 (for preliminary plat). The notice of the Zoning PUD were mailed to allproperty owners within 200 feet of the subject property, and the notice of the preliminary plathearing was mailed by Certified mail, retiim receipt requested, to adjoining property owners onSeptember 29, 1995.III.The matter was heard before the Bozeman City-County Planning Board on October 17,1995. Ten members of the public testified against the application with concerns regarding highgroundwater levels, loss of open space, buffering from adjacent properties, t-affic impacts,premature annexation, lack of city sti-eets connecting to the site, the use of substandard sta'eets, lossof wildlife habitat, building foundations in relation to groundwater, and sewer capacity.FINDINGS OF FACT AND ORDER -- SUNDANCE SPRINGS P.U.D.PAGE2 nnThe developer agreed with all conditions recommended in Planning Staff Report Z-95125/P-9539 with the exception of the conditions requmng the construction of city standard streets withinthe development, and the realignment of Graf Street.IV.After finding that the applications were properly submitted and reviewed imder theprocedures of the Bozeman Zoning Ordinance and Bozeman Area Subdivision Regulations, thePlanning Board reviewed and considered the 14 review criteria to be considered during review ofPlanned Unit Developments, the six criteria established in Section 18.53.030 of the Bozemas?Zoning Ordinance to be considered during review of a Conditional Use Permit, and the six criteriaestablished in Title 76-3-608, M.C.A. for the review of preliminary subdivision plats. The PlanningBoard also considered the testimony from the developer and the public.Following then' review, a majority of Planning Board members found that the applicationsdid not comply with each of the approval criteria established, with specific concerns noted regardingconsti-uction in areas of high groundwater, effects on wildlife habitat, and the cumulative effects ofthe subdivision on sewer, ti-affic and groundwater.Based on their review and findings, the Planning Board, on a vote of 6-2, referred theConditional Use Permit<Planned Unit Development application, and on a vote of 7-1, referred thePreliminary plat application to the Bozeman City Commission for their final decision with arecoinmendation of denial for both applications.FINDINGS OF FACT AND ORDER - SUNDANCE SPRINGS P.U.D.PAGE3 V.The applications were Scheduled to be considered by the Bozemaa City Commission atpublic hearings on November 6,1995. At the request of the applicant, the Commission opened theNovember 6,1995 public hearings, acknowledged receipt of one letter in support of the application,and continued the public hearings until November 20,1995.VI.The matter was considered by the City Commission at public hearings on November 20,1995. Eight members of the public spoke in favor of the applications noting: the benefit of theproposed public fa-ails; the benefit of development of the land with city water and sewer services;the addition to the tax base; the need for larger lots with city services; the need for residentialdevelopment in close proximity to Montana State University and public schools; and that 48% ofthe site is left in open space. -Seventeen members of the public spoke in opposition to the applications noting: impactson mammals and birds; there are no city streets serving the development; only 12% of thedevelopment border is touched by the City; there are three sta'eams andjurisdictional wetlands onthe property; high water table; iasufficient data on hydrology; discrepancy between topographymaps and groundwater monitor site maps; non-point source pollution to wells north of thedevelopment; groundwater concerns; the softenmg of the real estate market; and that the project didnot comply with all P.U.D. review criteria.The public testimony portion of the public hearings was closed by the City Coinmission, andtheir decision on the project was continued to their 3:00 p.m. meeting on. December 4, 1995.FINDINGS OF FACT AND ORDER -- SUNDANCE SPRINGS P.U.D.PAGE4 n0y:VII.At their December 4,1995 meeting, the Bozemaa City Commission considered the minutes,record and recommendation of the Planning Board and the public testimony received at theNovember 20, 1995 hearings. The Commission specifically reviewed P.U.D. All DevelopmentCriteria Nos. 2,3,4,5, 9,12,13,15,17, 19,23,25,30, and 35, and P.U.D. Residential Criteria No.6. The Commission further reviewed: groundwater data and mitigation measures; open space, parkand wetland issues; effects of fences; sti'eet standards and aligiunents; lighting details; firemitigations; water and sewer services; RED and SID waivers; affordable housing; maintenance ofthe internal roads; and the ability for the city to use the open space area for domestic water wells.The City Commission weighed the proposed Phase 1 subdivision against the review criteriaestablished by State Statute. The Commission further consulted the developer concerning theproposed conditions and gave due weight and consideration to the expressed preferenced of thedeveloper. The Commission found as follows:AGRICULTURE:The property is currently used for grain production and grazing. The subdivision wiUremove 72+ acres from agricultural production. However, the property is located in theUrban Growth Area of the Bozeman Area Master Plan, where development is expected tooccur within the next 20 years.AGRICULTURAL WATER USER FACILJTIESThe subdivision proposes to relocate an existing irrigation ditch. This relocation should notaffect the agricultural water user facilities, as the enter and exit points of the ditch willessentially remain the same, as will the flow of water.LOCAL SERVICES:Fire Service: The use of 24-foot county standard roads will provide unobstmcted roadwidths for emergency sendees. Per the Ftre Chiefs April 1, 1994 letter to the developer,and the Fu-e Marshall's October 3, 1995 Memorandum, all commercial properties shall beFINDINGS OF FACT AND ORDER - SUNDANCE SPRINGS P.U.D.PAGE5 fully protected with approved fire sprinklersystems, due to the excessive ti-avel time fromBozeman Fu'e Station.No. 2. The need for mitigation to the long fire department responsetimes which are probable prior to the time new fire station facilities may be constructednearer to this area, such as, but not lunited to, sprmklering of residential dwelling structu-es,shall be discussed by the developer with the Fire Chief, and any necessary mitigationsidentified by the Fire Chief will be provided by the developer.Police Service: The City will provide police service for this newly annexed area.Bozeman School Distiict: Based on comments received from the Bozeman School District,this subdivision will not create immediate effects on their services.Streets: The county sti-eet standard proposed by the developer will provide adequate accesswithin the subdivision. Graf Streetshould not be constmcted to a city-standard nor shouldthe street be straightened, as the proposed construction and configuration will better deterhigher speed through traffic through the development.The traffic from the development will impact the intersection of South Third/GrafWagonwheel Road, and the developer should reimburse the city a prorata portion of the costof the improvements previously completed by the City.The ta'affic from the development will also impact the intersection of South Third andGoldensteia Lane. These iinpacts can be mitigated by the developer providing necessary ,,right-of-way for the realignment of the intersection and by completing the realignmentcoastiTiction.Water: Water is available through major water main extensions, which must be extended bythe developer at the developer's expense. A booster pump may be required m the southwestcomer of the development to ensure adequate pressure. The provision of water rights orcash-in-lieu thereof must be provided for phase 1.The provision by the property owner to the City of a "Right of Entry" form granting the Cityof Bozeman access to all open space areas of the subdivision for the drilling of a well orwells for drmkmg water supply will provide the City with a future avenue of water supply,if needed.i ewer: Sanitary sewer mains will be installed for this development. A Design Reportprepared by the developer's engineer will be required that studies the existing sewer maincapacities that will serve this subdivision. Any bottlenecks in the system must be correctedby the developer.Other Services: Power, postal, telephone and gas services can be provided to the property.FINDINGS OF FACT AND ORDER - SUNDANCE SPRINGS P.U.D.PAGE6 n0NATURAL ENVIRONMENT:Physical constrains exist on the property, as were first identified during the aimexatiouprocess. Mitigations of the effects on the natural environment will include: 1) thepreparation of a Design Report by the developer's engineer that addresses roadway designsections and more specific soils information; 2) a 50-foot minimum stream setback on allsti-eams; 3) 404 permits for wetland enhancement; 4) Flood Plain Development Permits; 5)no construction within the 500 year flood plain; 6) the installation of clay or concrete cutoffwalls along all sanitary sewer lines and water lines to impede ground water migration alongpublic utility trenches; 7) limiting mowing within the Type 1 Management Areas; 8) and arecommendation in the covenants that organic fertilizer be used instead of chemicalfertilizer.Limiting construction in the southeast comer of the development would provide additionalopen space and a better view corridor north from Goldeastein Lane along the SourdoughTrail. The developer will provide the City with a "first right of refusal" for the purchase ofall or any portion of the 16 lots proposed along Sweet Water Drive, at the time that phaseof the development is finalized.WILDLIFE AND WH.DLIFE HABITAT:The development will leave 48% of the property in open space. As with any developmentof open space, wildlife and wildlife habitat will be affected to some degree. Wetlandenhancement will be provided by the developer, which will include one pond a minimiunof one acre in size. The developer's wetland consultant will consult with the MontanaDepartment of Fish, Wildlife & Parks during the design of the wetland enhancement plan.A minimum 50 foot sti-eam setback, which is 15 feet wider than required, will be provided.Mowing will be limited in the Type 1 Management Areas to provide better coverage forwildlife and birds.PUBLIC HEALTH AND SAFETY:There will be effects from the volume of traffic added to the existing road systems. The useof 24-foot wide mterior streets should slow traffic and limit through ti-affic. The developerwill make improvements to the intersection of South Third Avenue and Goldenstein Lane,and sign waivers of right to protest SIDs/RIDs for future improvements in the area.Due to the high ground water on the property, residences with basements are stronglydiscouraged in the Covenants, and a notation will be added to the subdivision plat informingbuyers of the potential for high ground water. Further reference in the foundation designsection of the Covenants regarding the potendal for certain lots as having high ground waterwill also refer to lots bordering the open space in Block 4 west of the open space area.FINDINGS OF FACT AND ORDER -- SUNDANCE SPRINGS P.U.D.PAGE7 /COMPLIANCE WITH SURVEY REQUIREMENTS OF PART 4. CHAPTER 3. MONTANASUBDIVISION AND PLATTING ACT f76-3-401 - 76-3-406:The subdivision shall comply with the survey requirements of this statute.COMPLIANCE WITH THE BOZEMAN AREA SUBDIVISION REGULATIONS ANDSUBIDIVISION REVIEW PROCEDURES:With certain conditions, the subdivision will comply with the Bozeman Area SubdivisionRegulations. Having been properly and completely submitted, and required public hearingsheld, the subdivision complies with the subdivision review procedures.PROVISION OF EASEMENTS FOR THE LOCATION AND INSTALLATION OF PLANNEDUTILITIES:The subdivision will provide necessary easements for the location and installation of plannedutilities.PROVISION OF LEGAL AND PHYSICAL ACCESS TO EACH PARCEL WITHIN THESUBDIVISION:Legal and physical access to each parcel within the subdivision will be from internalsubdivision roads. No direct access to Goldeasteia Lane or South Third Avenue will bepennitted, and the required notation of that access resfa-iction will be placed on the final platof the subdivision.ORDERAfter considering all matters of record presented at the public hearings and meetings, whichis on record in the Clerk of the Commission's Office, the Bozeman City Commission found thatthe proposed Zoning Planned Unit Development for applicatioa Z-95125 to develop 147.2 acresfor 141 single-family residential lots and 6.18 acres of neighborhood service uses, and PreliminarySubdivision application P-9539 for Phase 1 of the Sundaace Spnngs Planned Unit Developmentto create 67 lots for single-family residential use, two lots totaling 6.18 acres for neighborhoodservice uses, sfreets, aad open space, could comply with the Bozeman Area Subdivision Regulations,Bozeman Zoning Ordinance, 1990 Bozemaa Area Master Plan Update, and Montana SubdivisionFINDINGS OF FACT AND ORDER -- SUNDANCE SPRINGS P.U.D.PAGE 8 n0and Flatting Act if certain conditions are imposed on the project. The evidence that justifies theconditions is that the subdivision must comply the above-referenced documents, and adverseimpacts created by the subdivision, which require mitigation, justify the imposition of the conditionsbelow.THEREFORE, IT IS HEREBY ORDERED that the subject development be approved,subject to the condidons listed below. This City Commission order may be appealed by bringingan action in the Eighteenth District Court ofGallatin County, within 30 days after the adoption ofthis document by the City Commission, by following the procedures of Section 76-3-625, M.C.A.1. Preliminary plan/plat approval does not exempt the developer from impact fees which may beestablished at a later date which are based on final plat approval or building permit approval. Finalplan/plat approval shall be subject to any unpact fees which may be implemented prior to said finalplan/plat approval. Development of individual lots shall be subject to any impact fees applicable 'to building permit applications implemented with any impact fee policy prior to building pemiitapproval.2. Seven CQpies of the Final Site Plan for the Zoning Planned Unit Development which containsall of the conditions, corrections, and modifications approved by the City Commission which areapplicable to it shall be approved by the Planning Director within three years following the approvalof the preliminary plan by the Bozeman City Commission. Upon application and for good cause,the Planning Director may administratively extend the period for filing a final site plan for twosuccessive sbt-month periods. Any additional six-month extensions must be approved, if at all, onlyby the Planning Board. The final site plan shall comply with Section 18.54.060© of the BozemanZoning ordinance, as printed in the 9-93 Codification of the Bozeman Municipal Code, and shallbe adequately dimensioned. The final site plan must be approved prior to Final Subdivision Platapproval.The applicant shall eater into an. Improvements Agreement with the City to guarantee the installationof required oa-site improvements at the time of Final Site Plan submittal. These improvements willinclude those identified with each subdivision phase, including sidewalks fronting parks, open space,rear yard frontages, or other noa-lot frontages, and landscape and trail improvements. Detailed costestimates, construction plans, and methods of security for on-site improvements shall be made a partof that Agreement. All required mfrasti-ucture and site improvements for Phase 1 shall be completedwithin two years after final approval.FGSTDINGS OF FACT AND ORDER - SUNDANCE SPRWGS P.U.D.PAGE9 3. Preliminary Subdivision Plat approval must be granted for each phase of the development, withthe final plat filed prior to the sale of any homesites within each phase. A building permit will notbe issued for any new construction within each phase until the final plat is filed and infrastructureimprovements are completed and accepted.4. The Final Subdivision Plat shall confonn to the Uniform Standards for Final Subdivision Plats,contain all appropriate certificates, page titles, and be accompanied by all appropnate documents,including a Platting Certificate. A digital copy of the final plat, on a double sided, high-density 3'/2inch floppy disk, shall be subiiutted with the final plat application. The Final Subdivision Plat mustbe approved within three years from the date of preliminary plat approval by the Bozeman CityCommission. Prior to the expiration date, the subdivider may submit a letter of request to thePlanning Director for a one year extension. Thereafter, the City Commission may approve anextension for not more than one additional calendar year.The Final Subdivision Plat may not be filed until the Final Site Plan is approved. If it is thedeveloper's intent to file the final subdivision plat prior to the completion of all required subdivision.improvements, which includes, but is not limited to, interior streets, curb, gutter, water and sewer,pedestrian conveyance along South Third and Goldenstein, sidewalks fronting parks, open space,rear yard frontage, or other non-lot frontages, and storm water infrasti-ucture, a SubdivisionImprovements Agreement shall be entered into with the City of Bozeman guaranteeing thecompletion of all required Phase 1 improvements in accordance with the Preluninary Plat submittalinformation and conditions of approval. If the Final Subdivision Plat is filed prior to the installationof all improvements, the developer shall supply the City ofBozeman with an acceptable method ofsecurity equal to 150% of the cost of the remaining improvements. Under no circumstances willbuilding permits be issued prior to acceptance of subdivision infrastructure improvements (i.e.water, sewer, streets).The Final Subdivision Plat submittal must include a separate open space landscape plan for Phase1 which details the location and species of vegetative plantings and ta-ail improvements for reviewand approval by the Planning Office prior to final plat approval. The plan must show that all sb-eetintersection sight triangles will be free ofplantings which at mature growth will obscure visionwithin the sight tnangle.5. Approval of the Final Subdivision Plat from the Subdivision Program of the MontanaDepartment of Health and Euvironmental Sciences Water Quality Bureau must occur prior to FinalSubdivision Plat approval, pursuant to Section 16.16.101 through 16.16.805, ARM. Notificationof that approval must be submitted with the final plat.6. A Stonn water Drainage/Treatment Plan for a system designed to remove solids, silts, oils,grease, and other pollutants must be provided to and approved by the City Engineer prior toinfrastructure construction. The plan must demonstrate adequate site drainage (including sufficientspot elevations),, the hydraulic and drainage ti'eafanent properties of the proposed vegetated roadwayFINDINGS OF FACT AND ORDER - SUNDANCE SPRINGS P.U.D.PAGE 10 n^swales, stonn water detention/retention basin details (including basin sizing and dischargecalculations, and discharge structure details), and stonn water discharge destination. Sufficientstorm water systems shall be designed and constructed to support each phase of development.A storm water drainage/treatmeiit facilities plan must be prepared and submitted to the CityEngineer for approval. The Plan must include the following provisions: description, of maintenanceoperations, frequency of inspections and maintenance, responsible parties, and record keepingmethodology. It will ultimately be the responsibility of the Homeowner's Association to ensure thatthe Maintenance Plan is consistently euforced. It is further recommended that implementation ofthe plan be included in the covenants and therefore, a condition of plat approval.7. A site grading plan shall be prepared as a supplement to the project improvement drawings,which includes, at a mmimum, existing contours, contours after the street is constructed but beforedevelopment grading, spot elevations and flow directional arrows. The plan must demonstrateadequate drainage to an acceptable discharge device, and should be used to establish street andbuilding foundation grades. If the grading design discloses any adverse impact to off-site properties,necessary design alterations and/or drainage conveyance devices and easements must be provided.8. Plans and specifications for all water, sewer, aud storm sewer main extensions, as well as publicand private sti-eets (including curb, gutter, and sidewalks/pedestrian conveyances) prepared by aProfessional Engineer (PE) licensed in the state of Montana shall be provided to and approved bythe City Engineer, and where applicable, the County Road Superintendent. Water and sewer plansshall also be approved by the Montana Department of Environmental Quality. The applicant shallprovide Professional Engineering services for Construction Inspection, Post-ConstmctionCertification, and preparation of Mylar Record Drawings. Specific comments regarding the existingand proposed infrastructure shall be provided at that time. Construction shall not be initiated on the ,public infrastructure improvements until the plans, specifications and shop drawings have beenapproved and a preconstruction. conference has been conducted.Any proposed sewer lift stations or water booster stations, as well as the location of existing andproposed water and sewer mains and fire hydrants shall be shown on the Final Site Plaa. Proposedmain extensions shall be noted as such.Proposed water mains on South Third and Goldensteia Lane shall be installed and accepted by theCity of Bozeman as part of the first phase to satisfy the requirement of a looped water system.Additional, required, internal water main loopmg will be addressed during the water and sewer planreviews. Project infi-asti^icture phasing, including all utility phasing, shall be clearly shown duringplan and specification review to ensure adequate water looping requirements.No sewer or water stubs shall be installed on the sewer and water mains in Goldensteiu Lane exceptthose necessary to serve the Suadance Springs development and those necessary at or near theintersection of South Third Avenue and Goldenstein Lane.FINDINGS OF FACT AND ORDER - SUNDANCE SPRINGS P.U.D.PAGE 11 To impede ground water migration along public utility trenches, clay or concrete cutoff walls shallbe installed along all sanitary sewer lines and water lines within the development and along theextension of the sewer line connecting with the existing sewer in Graf Street through Grafs FoiirthAddition. The location of the cutoff walls shall be subject to review and approval of the CityEngineer.9. All infi-asti-ucft^re improvements includmg 1) water and sewer main extensions, and 2) public andprivate streets, ciirb/gutter, sidewalks fronting parks, open space, rear yard frontage, or other non-lotfrontages, and related storm drainage infrastructure improvements shall be constmcted for eachphase prior to final plat approval of each phase. No building permits will be issued prior toacceptance of subdivision infrastructure improvements.City standard residential sidewalks (including a concrete sidewalk section through all private driveapproaches) shall be constructed on all public and private street frontages of a property prior tooccupancy of any structure on the property. Upon the thu-d anniversary of the plat recordation ofany phase of the subdivision, any lot owner who has not constructed said sidewalk shall, withoutfurther notice, construct within 30 days said sidewalk for their lot(s), regardless of whether otherimprovements have been made upon the lot. This condition shall be included on the face of the finalsubdivision plat and in the covenants.10. Easements for the water and sewer main extensions, where needed, shall be a minimum of 30feet in width, with the utility located in the center of the easement or standard locations, with thepossible exception of the water mains on South Third and Goldensteia Lane. All existing andproposed utility easements shall be shown on the final subdivision plat and the final site plan, andutility easements shall be m the location, required by the subdivision regulations unless a utilitycompany requests otherwise. A blanket utility note may not be used; each lot must show all utilityeasements.11. The final plat shall show all public access easements for the trails. Public access easements forall tirails in the entire PUD shall be filed prior to final plan approval.12. With regard to Ditch Relocation:a.b.The Montana Department of Fish, Wildlife and Parks shall be contacted by theapplicant regarding any proposed ditch/sti-eam relocation and any required permits(i.e., 310,404, Turbidity exemption, etc.) obtained prior to final improvement planapproval.The applicant shall obtain written pennission from the ditch owner for any proposedrelocation or creation of any ponds therefrom.I 'FBSTDINGS OF FACT AND ORDER -- SUNDANCE SPRINGS P.U.D.PAGE 12 nn13. With regard to flood plain:a. A Flood Plain Development Permit must be obtained from the City Engineer priorto approval of any work within the flood plain.b. The 100 year flood plain boundary and flood elevations must be depicted on the finalimprovement plan.c. Culvert sizing design calculations shall be provided for the sta-eam crossing.d. All buildings must be flood-proofed to at least two feet above the 100 year floodelevation. Elevation Certificates must be provided for each building followingcompletion of construction.14. The Montana Department ofEnviromnental Quality, Water Quality Bureau, shall be contactedby the applicant to detennme if a Stonn Water Discharge Permit is necessary. Written notificationof the need or no need for the pennit shall be submitted with the cousti^iction drawings. Ifapemiitis required by the State, the developer shall demonstrate to the City full pennit compliance.15. The developer's Professional Engineer, licensed in the State of Montana, shall be required toprepare a comprehensive Design Report evaluating existing capacity of water and sewer utilities.The report must include detailed hydraulic evaluations of each utility for both existing and post-development demands for each phase of development. The report findings must demonsti^teadequate capacity to servre the full development.If adequate water and/or sewer capacity is not available for full development, the report mustidentity necessary water system and sewer system improvements required for full development. Thedeveloper shall be responsible to complete the necessary system improvements to serve the fulldevelopment.The Design Report shall also include a roadway design section. The Report must include ananalysis of the on-site and future public right-of-way soil conditions, special gradingrecommendations, roadway bearing capacities, the impacts ofgroundwater oa the design, projectedta-affic loadings, and street section(s) design. The design must incorporate the findings of anindependent oa-site soils investigations, existing groundwater monitoring investigations, and thefindings of the April 27, 1995 SCS study.The developer shall be responsible to increase the capacity of the 12" sewer extending between theintersections of Tracy/Hoffman and Mason/South WiUson, in addition to one section of 8" sewerm Fairway Drive, south ofKagy Boulevard, which will be over capacity with the first phase of thesubdivision. It will be the responsibility of the developer to increase the capacity of the describedpipelines to adequately convey sewage effluent from the total future development, i.e. all phasescombined.FINDINGS OF FACT AND ORDER -- SUNDANCE SPRINGS P.U.D.PAGE 13\ The developer shall be responsible to have designed and consbiicted a booster system to provideadequate pressure and volumes to the lots in the westerly portion of the project that may be impactedby potential inadequate water pressure in the City's water system. The system shall be subject toreview and approval by the City Engineer and shall be adequately addressed in the Design Report.16. The developer shall provide the City ofBozemaa a minimum 30 foot wide sewer easementextending along GrafSti'eet from the north terminus of Phase 1 to the northerly property boundaryof the development. The easement shall follow the future alignment of Graf Street. The developershall also cause to be provided to the City ofBozemaa a minimum 30 foot wide sewer easementextending along the future alignment of Graf Street from the northerly property boundary to theexisting sewer main in existing Graf Street, north of the project.17. A 50 foot wide right-of-way shall be dedicated for the realignment of the intersection of SouthThird Avenue and Goldenstein Lane. A full 100 foot right-of-way shall be dedicated in the areawhere the future road falls entirely within the project site. A 45 foot wide right-of-way dedicationfor Goldenstein Lane shall also be provided along the section ofGoldenstein Lane adjoming Phase1. A 20 foot wide right-of-way shall be dedicated along South Third Avenue for the entire lengthof the development (except where additional right-of-way is required). The widths of the right-of-way dedications for South Third Avenue and Goldenstein Lane shall be clearly indicated on the finalplat.18. The realignment of the roadway and intersection of South Third Avenue and Golderistein Laneshall be funded and constructed by the developer, at standards approved by the County RoadSuperintendent. Improvements consistent with the City's G.O. Bond Issue project for South ThirdAvenue shall be consfa^icted by the developer for that portion of South Third Avenue to be realignednear Goldenstein Lane, at standards approved by the City Engineer and County RoadSuperintendent. These improvements shall be constructed prior to final plat approval of Phase 1,unless mcluded in a Subdivision Improvements Agreement. Building permits for the project willnot be issued for any lots within Phase 1 even if included in an Improvements Agreement. Theseimprovements must be completed prior to home or commercial construction in Phase 1. Thedeveloper shall obtain any wetland permits required concerning the realignment and roadunprovements.19. Provisions for pedestrian conveyance along South Third Avenue and Goldenstein Lane shallbe provided by the developer. These provisions must meet with the County Road Supervisor'sapproval, and shall be completed prior to final plat approval of Phase 1. These improvements maybe financially guaranteed through an Improvements Agreement, and if so guaranteed, will notimpede the issuance of building permits within the project. However, the improvements must becompleted within the time period allowed in the Subdivision Improvements Agreement.20. Internal stareets within the subdivision shall be contained within 70 foot wide rights-of-way andshall be constructed to the 24-foot standard proposed in the submittal.FINDINGS OF FACT AND ORDER - SUNDANCE SPRINGS P.U.D.PAGE 141 ^21. Graf Street shall continue through the project and not change names at the intersection withPeace Pipe Drive (i.e. eliminate reference to Wind Flower Drive), and shall tenninate at MorningSun Drive. The "South" designation" shall be dropped from Graf Street references.22. There shall be no centerlme offset at the intersection of Wind Flower Drive and Peace PipeDrive.23. The word "future" shall be deleted from the "future sewer easement" between Lots 4 and 5,Block 8, on the final plat.24. Encroachment permits shall be obtained from the County Road Office for all developmentstreets existing onto South Third Avenue and Goldenstein Lane prior to construction of the sti-eets.Sti-eet name and stop signs shall be provided at all road intersections.25. A waiver of right to protest the creation of Rural Improvement Districts and the possiblejflstallatioa of a fiitire signal light at the intersection ofGoldenstein and South Third Avenue shallbe recorded with the final plat.26. The property owner shall provide and file with the final subdivision plat an executed Waiverof Right to Protest Creation of Special Improvement Districts for improvements to South ThirdAvenue, between Kagy Boulevard and Goldenstein Laue, and for improvements to the SouthThirdAVillson/Kagy Boulevard intersection (to include signalization), unless the document isakeady oa file with the Gallatin County Clerk and Recorder's Office. The Waiver shall specify thatin the event SIDs are not utilized for the completion of these projects, the owner shall agree toparticipate in an alternate financing method for completion of said improvements on a fair share,proportionate basis as detennined by the square footage of the property, linear front footage of theproperty, taxable valuation of the property, or combination thereof. Said Waiver shall be acovenants running with the land and shall not expire.27. A 100 foot wide linear park from the northwest comer of Gardner Park, west along the northproperty boundary for a distance of 500 feet, then reduce the width to 50 feet and continue westalong the north property boundary to Graf Sti-eet shall be dedicated with Phase 1. This linear parkshall become an extension of Gardner Park.A 50 foot wide linear park from the southeast comer ofMcLeod Park north along the east boundaryofMcLeod Park to the end of Sundance Drive, then east along the north property boundary to theproperty comer, then north to the northwest property comer and finally east along the north propertyboundary to Graf Street shall be dedicated with Phase 1. This dedication shall include the 50 feetof Graf Street to connect the extension of Gardner Park, and will become an extension ofMcLeodPark.The final Zoning PUD and final Subdivision designs shall provide a minimum of 50 feet of openspace, owned and controlled by the homeowners association, between all residential lots anddedicated linear parks.FINDINGS OF FACT AND ORDER - SUNDANCE SPRINGS P.U.D.PAGE 15 The developer's wetland consultant shall consult with the Montana Department of Fish, Wildlife &Parks during the design of the wetland eoliancement plan. At least one pond shall be a minimumof one acre in size.The developer shall not be required to construct the ta-ail(s) through McLeod Park, but shall contactand work with the Gallatin County Commission regarding the possibility of the installation of afrial(s) through McLeod Park. This contact will then provide an opportunity for volunteer groupsto construct the trail network. If the Gallatin County Commission will not grant approval for theconstruction of a trail(s) through McLeod Park, the developer, in the appropriate phase, shallconsti-uct a trail through the open space north of Peace Pipe Drive to connect McLeod Park to SouthThird Avenue, with a connection to Good Medicine Way and a second connection to Peace PipeDrive between Blocks 8 and 10.The Parks and Recreation Advisory Committee shall be contacted by the developer with regard toa linear ti-ail, with a pennaneat public trail easement, to be constructed by the developer, on the westside of the existing trees in the northeast open space area to provide an alternate ti-ail from the SourDough Trail to the trail oa the north boundary of the subdivision. The location and constaTiction ofthe trail shall be approved by the Parks and Recreation Advisory Committee. This ti-ail shall bedeveloped when that phase of the property develops. If the Parks and Recreation AdvisoryCommittee finds that this trail is not wanted or needed as part of the linear trail system, thedeveloper shall not be required to install it. .28. The developer shall participate in resolving any identified vertical alignment problems onGoldenstein Lane to the satisfaction of the County Road Superintendent and City ofBozeman.29. A documented market study shall be provided prior to submittal of the final site plan for thezoning PUD that shows the proposed uses within the neighborhood service area (Blocks 10 and 11)will be supported by the area residents. If the study does not conclude that 50% of the business wiUbe generated from this area, developmea.t of the neighborhood service lots will not be allowed. Usespennitted on these lots include professional offices and other pemiitted uses listed in the B-lneighborhood service district chapter of the Bozeman Zoning Ordinance. Full site plan reviewand/or subdivision review will be required for all development within Blocks 10 and 11, Phase 1subdivision. If not allowed, a maximum of six additional single-family residential lots could becreated within these two blocks via further subdivision review and approval.All commercial structures shall be fully protected with an approved fire sprinkler system, unlesswaived by the Fire Chief in the event a fire station is constructed closer to the site which willprovide adequately unproved response times.The need for mitigation to the long fire department response times which are probable prior to thetime new fire station facilities may be consta-ucted nearer to this area, such as, but not limited to,sprmklering of residential dwelling structures, shall be left to the discretion of the Fire Chief.FINDINGS OF FACT AND ORDER -- SUNDANCE SPRINGS P.U.D.PAGE 16 nn.3.y~The hours of business for all uses within the neighborhood service lots shall be limited to 7 a.m.through 9 p.m.30. The final subdivision plat shall contain the following:a) A note stating: Due to the relatively high groundwater table within the subdivision, it isnot recommended that structures with full or daylight basements be constructed.b) The "landowner" and "floodplain" notes shown on the preliminary plat shall be clarified.c) A "no access" note prohibited direct access to Goldenstein Lane and South Third Avenuefor all lots fronting those sti'eets.d) The correct site statistics for phase 1.31. The County Weed Confa-ol Officer shall approve a Weed Control Plan for the subdivision, anda signed copy of the Plan shall be submitted to the Planning Office prior to final subdivision platapproval. Any initigations required in the plan shall be completed by the developer, and approvedby the County Weed Control Officer in writing, prior to final plat approval.32. A 10 foot wide maintenance easement shall be provided on both sides of all irrigation ditches.33. The Covenants and Design Guidelines shall tie-ameaded as follows.a) The Covenants shall be amended to indicate that the City ofBozeman is a party to theCovenants, and any covenant contained therein as a condition ofpreliminaiy plan or platapproval and requu-ed by the City Commission may not be amended or revoked without themutual consent of the owners iu accordance with the amendment procedures listed in thecovenants, and by the City ofBozeman.SECTION I. RESIDENTIAL LOTSb) Clarify Article IX, Section 9.4, Mowing Practices, to state that the Fire Chief shall becontacted by the Homeowner's Association regarding the need to mow in Type 1Management Areas for fire prevention. If not necessary, Type 1 Management Areas shallbe left in a natural, unmowed state.c) Add a statement to Article IX, Section 9.15 of the Covenants that requires the right-of-way (barrow pits) to be mowed and maintained by the homeowners and/or HomeownersAssociation, and that specifically states that the barrow ditches may not be filled.IFINDINGS OF FACT AND ORDER -- SUNDANCE SPRINGS P.U.D.PAGE 17 d) Article IX, Section 9.15. Because an alteiTiative street standard was accepted, add asection which specifically discusses the maintenance of the interior roadways (e.g. sidewalksnow removal along open spaces, driveway and street intersection culverts, weed mowing,pothole patching, etc.).e) Page 28, Section 9.15. correct the spelling of "except" to "accept".f) Page 20, Section 10.4, Eluninate first sentence regarding determimng maxknumroofheight, and just reference a 34 foot maximum height.g) Page 20, Section 10.6, Foundation Design. Add reference to the lots bordering the openspace in Block 4 west of the open space area, with regard to the potential for these lotshaving high ground water.h) Page 22, Correct spelling throughout Section 11.2.d, "eves" to "eaves".i) Page 24. Correct or eliminate drawing in Section 11.6.C regarding exposed concrete.j) Page 27. Amend the reference to oa-street parking in Section 11.8 to delete the lastsentence regarding the acceptableaess of parking temporary visitor's cars over-night on. thestreet.k) Add the following to Section 12.7, page 29: All light fixtures shall be arranged to deflectlight down and/or away from adjoining properties and streets. Lighting fixtures mustincorporate cut-off shields to direct light downward. Luminaires shall not be visible fromadjacent streets or properties. Fixtures should be compatible with architectural and sitedesign.1) Page 32. Section 12.15, Signs. Home occupation signs are limited to no more than twosq.ft. per the Sign Code. Correct to comply.m) Section 12.18, page 32. Add a statement that recommends the use of organic fertilizerinstead of chemical fertilizer, and that the fertilizer be applied when plants are active.n) Section 12.18, page 32. Add to third sentence from end, that native bushes and ti'ees maybe planted in the rear yard setbacks in addition to the fescue seed mixes.o) Add a section informing lot owners that an Elevation Certificate must be provided to theCity Engineer for each building within the 100 year floodplain following completion ofconstruction.p) Page 39. Add a paragraph regarding installation of sidewalks per the City policy.1FINDINGS OF FACT AND ORDER -- SUNDANCE SPRINGS P.U.D.PAGE 18 nnSECTION II. NEIGHBORHOOD SERVICESa) Page 19, Section 9.4 Eliminate first sentence regarding determination of building height,and just reference a maximum 34 foot building height.b) Page 23, correct spelling throughout Section 10.2.d., "eavs" to "eaves".c) Page 26, Section 10.8. Clarify section regarding oa-street parking per the CityCommission's decision on street standards, to prohibit all parking of cars or other vehicleson the streets.d) Page 27, Section 11.6, Exterior lighting. Add a sentence stating lights cannot be higherthan the height of the building or 20 feet, whichever is less. Add the following statement:All light fixtures shall be arranged to deflect light down and/or away from adjomingproperties and streets. Lighting fixtures must incorporate cut-off shields to direct lightdownward. Liuninaires shall not be visible from adjacent streets or properties. Furturesshould be compatible with architectural and site design.e) Section 11.14, page 29. Add a statement that recommends the use of organic fertilizerinstead of chemical fertilizer, and that the fertilizer be applied when plants are active.f) Add a section regarding installation of sidewalks per the City policy.g) Clarify Article XII, Section 12.4, Mowing Practices, to state that the Fire Chief shall becontacted regarding the need to mow in Type 1 Management Areas for fire prevention. Ifnot necessary. Type 1 Management Areas shall be left in a nahiral, unmowed state.h) Add a statement to Article XII, Secdon 12.15 of the Covenants that requires the right-of-way (barrow pits) to be mowed and maintained by the homeowners and/or HomeownersAssociation, and that specifically states that barrow ditches may not be filled.i) Because an alternative sti-eet standard was accepted, add a section which specificallydiscusses the maintenance of the interior roadways (e.g. sidewalk snow removal along openspaces, driveway and street intersection culverts, weed mowing, pothole patching, etc.).j) Include a section which limits the hours of business for all uses within the neighborhoodservice lots to 7 a.m. through 9 p.m.34. The owner shall sign a "Right of Entry" form, or other similar document satisfactory to the CityAttorney, granting the City of Bozemaa access to all Open Space areas of the subdivision, anddedicating an easement(s) for public utility purposes, which would be limited to drilling a well orwells for drinking water supply, on the final plat of the subdivision. The "Right of Entry" form shalldesignate that all wells shall be constructed so as to have a minimal visual impact.1IFINDINGS OF FACT AND ORDER -- SUNDANCE SPRINGS P.U.D.PAGE 19 35. The developer shall grant the City ofBozeman the first right of refusal for the purchase of allor any portion of the 16 lots proposed along Sweet Water Drive, at the time that phase of thedevelopment is finalized.36. The right to a use and occupancy permit for the Zoning PUD shall be contingent upon thefalfilhnent of all general and special conditions imposed on the Conditional Use Permit.37. All of the special conditions imposed by the City Commission shall constitute restrictionsrunning with the land use and shall be binding upon the owner of the land, his successors or assigns.38. All of the special conditions required by the City Commission shall be consented to in writingby the applicant prior to final plan or plat approval.39. The Aimexation Agreement for the property must be finally accepted by the City Commissionand filed at the Clerk and Recorder's Office prior to the approval of a final plan or plat for fheproperty.40. Water rights or a cash-in-lieu fee in an amount detennined by the Director of Public Serviceshall be provided prior to final plat approval.The preliminary approval of this development shall be effective for three (3) years from thedate of adoption of this document by the City Commission. At the end of this period the CityCommission may, at the request of the subdivider, extend its approval as indicated in Conditions .2 and 4 of this document.DATED this 22nd day of January _^1996.BOZEMAN CITY COMMISSIONDon E. Stueck, MayorATTEST:0'^Robin L. SullivanClerk of the CommissionAPPROVED AS TO FORM:•%>yy7-M(f /->/^u/^PaulJ.Luwe ^City^ittomeyFINDINGS OF FACT AND ORDER -- SUNDANCE SPRINGS P.U.D.PAGE 20