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HomeMy WebLinkAbout10-19-16 Memo to DRC - Application 15574, Yellowstone Theological Institute Prelim Plat MEMORANDUM ------------------------------------------------------------------------------------------------------------ TO: DEVELOPMENT REVIEW COMMITTEE FROM: BRIAN KRUEGER, DEVELOPMENT REVIEW MANAGER RE: YELLOWSTONE THEOLOGICAL INSTITUTE MINOR SUBDVISION PRELIMINARY PLAT, APPLICATION 15574 DATE: OCTOBER 19, 2016 ------------------------------------------------------------------------------------------------------------ Project Description: A Minor Subdivision Preliminary Plat Application for the subdivision of 78 acres into five lots. Three lots for community center uses and two lots with restricted development with a proposed extension of Graf Street. Project Location: The property is addressed as 3000 South 19th Avenue and is legally described as the SW ¼ NE ¼, NW ¼ SW ¼ less right of way Mandeville Creek Annexation, Section 24, T2S, R5E, P.M.M., City of Bozeman, Gallatin County, Montana. The property is zoned R-1, residential single household low density and R-2, residential two-household medium density district. Recommendation: Approval with conditions and code provisions Community Development Staff has found that the project with conditions and/or code provisions complies with the requirements of Chapter 38 of the Bozeman Municipal Code and should not be detrimental to the health, safety and welfare of the community. The application is found by staff to be adequate for continued review. Section 2- RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. These conditions are specific to the development. Planning 1. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. The plat must conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey and Subdivision Plats (24.183.1104 ARM, 24.183.1107 ARM) and must be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The Final Plat application must include three (3) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies; one (1) PDF copy; and five (5) paper prints. The Gallatin County Clerk & Recorder’s office has elected to continue the existing medium requirements of 2 mylars with a 1½” binding margin on one side for both plats and COS’s. The Clerk and Recorder will file the new Conditions of Approval sheet as the last same sized mylar sheet in the plat set. 3. All notes, restrictions and conditions of approval must be relocated from the plat and transferred to the final plat conditions of approval sheet. 4. Lot 2 must be labeled as a Lot 2, Common open space. 5. Lot 4, Block 1 and Lot 1, Block 2 must be platted as an undevelopable lot in accordance with Section 38.39.080.B.6 BMC, with the following language placed on each undevelopable lot of the final plat “Lot development subject to further subdivision review.” No public improvements shall be required for the undevelopable lot until it is subdivided as a lot which is not subject to this restriction. This language shall be placed on the face of the plat or in a separate executed document to be recorded with the final plat: “NOTICE IS HEREBY GIVEN to all potential purchasers of Lot 4, Block 1 and Lot 1, Block 2, of the Yellowstone Theological Institute Minor Subdivision, City of Bozeman, Gallatin County, Montana, that the final plat of the subdivision was approved by the Bozeman City Commission without completion of on and off site improvements required under the Bozeman Municipal Code, as is allowed in Chapter 38.39 of the Bozeman Municipal Code. As such, this Restriction is filed with the final plat that stipulates that any use of these lot is subject to further subdivision, and no development of this lot shall occur until all on and off site improvements are completed as required under the Bozeman Municipal Code. THRERFORE, BE ADVISED, that Building Permits will not be issued for Lot 4, Block 1 and Lot 1, Block 2, of the Yellowstone Theological Institute Minor Subdivision, City of Bozeman, Gallatin County, Montana until all required on and off site improvements are completed and accepted by the City of Bozeman. No building or structures are permitted to be constructed on this lot until this restriction is lifted. This restriction runs with the land and is revocable only by further subdivision and the written consent of the City of Bozeman. 6. The following landscape improvements must be installed with Phase I: a) South 19th Avenue, street frontage and the watercourse setback planting plan landscape requirements; b) Common Open Space, Lot 2 including the detention facility; c) North/south trail corridor ; and d) Graf Street, street frontage. 7. The final plat must provide all necessary utility easements and must be described, dimensioned and shown on the final plat in their true and correct location. Any rear or side yard utility easements not provided will require written confirmation from utility companies providing service indicating that rear or side yard easements are not needed. 8. A ten foot front yard utility easement must be provided on the east side of the sidewalk installed along the South 19th Avenue frontage in lieu of the standard easement location. 9. The final plat application must contain the following notation on the conditions of approval sheet in the final plat: “No parkland dedicated with this subdivision. Development on land initially exempted from park dedication is required to provide park dedication if further development of the site does not continue to meet the criteria for exemption.” 10. Unless already filed and prior to final plat approval, an executed waiver of right to protest the creation of special improvement districts (SIDs) for a park maintenance district must be filed and recorded with the Gallatin County Clerk and Recorder. 11. The applicant must submit with the application for Final Plat review and approval, a written narrative stating how each of the conditions of preliminary plat approval and noted code provisions have been satisfactorily addressed, and must include a digital copy (pdf) of the entire Final Plat submittal. This narrative must be in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. Section 3 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS 1. Sec. 38.23.060.D requires that irrigation facility easements shall be described, dimensioned and shown on the plat. The conditions of approval sheet must show the location of the irrigation facilities on the exhibit as described in note 5. 2. Section 38.23.100.A.2.f water course setback planting plan requirements. Landscape plan does not meet requirements as required for zone 1 and zone 2 of the watercourse setback. 3. Section 38.26.050.E Street frontage landscaping required. The street frontage landscaping proposed along the street frontages do not meet the standard for regular spacing along the street frontages at 1 per 50’. The trees are shown clustered on the submitted landscape plan. 4. Section 38.23.040 Blocks Rights-of-way for pedestrians. Rights-of-way for pedestrian walks, not less than ten feet wide, shall be required where deemed necessary to provide circulation or access to parks, open space, schools, playgrounds, shopping centers, transportation, and other community facilities. In addition, no continuous length of block shall exceed 600 feet without intersecting a street or pedestrian walk. Pedestrian walks shall also be installed at the end of culs-de-sac where deemed appropriate. 1. Yards adjacent to pedestrian rights-of-way less than 30 feet wide shall be treated as corner side yards. Yards adjacent to pedestrian rights-of-way 30 feet wide or greater shall be treated as side yards; 2. The pedestrian walks shall be maintained by the adjacent property owner or by the property owners association. The party responsible for maintenance of pedestrian walks shall be identified in the preliminary plat application; and 3. Pedestrian walks shall be constructed as a city standard sidewalk, and the provisions of section 38.24.080 shall apply. The proposed public trail easement must be further described on the conditions of approval sheet and noted clearly that this easement is specifically for public access. Staff recommends that the applicant consider the dedication include a 30’ wide easement in order to allow a five foot side yard to apply adjacent to the easement. A construction detail of the sidewalk must be provided with the final plat application. The requirement in Section 38.24.080 is for a concrete City standard 5’ minimum sidewalk. 5. Section 38.23.080.H Grading and Drainage. The final landscape plan for the drainage facility on Lot 2 must include a cross section. 6. Section 38.26.070 Landscaping of public lands. The right of way for pedestrians noted in 38.23.040 Blocks must be landscaped as a public land. The final plan application must include a landscape plan for the entirety of the trail corridor. Note: During preparation of the staff report for this application, additional conditions of approval may be recommended based on comments and recommendations provided by other applicable review agencies involved with the review of the project.