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HomeMy WebLinkAbout21-419 Block 1 The Parklands at Village DT Adequacy Memo MEMORANDUM ---------------------------------------------------------------------------------------------------------- FROM: NAKEISHA LYON, ASSOCIATE PLANNER DEVELOPMENT REVIEW COMMITTEE RE: BLOCK 1 THE PARKLANDS PRELIMINARY PLAT REVIEW APPLICATION 21419 DATE: JANUARY 25, 2022 – REVISED FEBRUARY 23, 2022 ---------------------------------------------------------------------------------------------------------- Project Description: A Subdivision Preliminary Plat for a major subdivision of eight lots for single-family residential development with accessory dwelling units within The Parklands at Village Downtown Subdivision. Project Location: The property is legally described as Lot 4A, and Common Area #2, Minor Subdivision 344C, located in NW ¼ Section 7 (S07), Township Two South (T02 S), Range Six East (R6 E), P.M.M., City of Bozeman, Gallatin County, Montana. Recommendation: The City of Bozeman Development Review Committee has considered the proposed preliminary plat as described above. As a result of staff’s review, the proposed preliminary plat does comply with the requirements of the Bozeman Municipal Code and has been deemed adequate for further review. The recommended conditions of approval and code comments below are provided for your information at this time and are the result of the DRC review to date. 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. 1. In accordance with 38.240.100, BMC, the applicant has chosen review of this subdivision under the terms of 76-3-623 MCA; therefore, applicant is obligated to complete the construction of the approved subdivision in accordance with the approved application and any applicable requirements in Montana law, administrative rules, municipal code, and design standards. 2. The final plat must contain the following notations on the conditions of approval sheet. Several of these conditions are included on this sheet, however, may need to be revised to update the language: a. Ownership of all common open space lots, areas and trails, and responsibility of maintenance thereof and for city assessments levied on the common open space lands are that of the property owners’ association. Maintenance responsibility includes, in addition to the common open space and trails, all vegetative ground cover, boulevard trees and irrigation systems in the public right-of-way boulevard strips along all external perimeter development streets and as adjacent to public parks, greenway corridors or other common open space areas. b. The property owner’s association must be responsible for maintenance of stormwater infrastructure located within the common open spaces. All areas within the subdivision that are designated herein as common open space including trails are for the use and enjoyment by residents of the development and the general public. c. The property owners’ association shall be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all common open space lots, areas and trails. d. The City of Bozeman shall be responsible for the maintenance of boulevard trees along Village Downtown Boulevard. e. City standard sidewalks (including a concrete sidewalk section through all private drive approaches) must be constructed on all public and private street frontages prior to occupancy of any structure on individual lots. Upon a third anniversary of the plat recordation of any phase of the subdivision, any lot owner who has not constructed the required sidewalk must, without further notice, construct within 30 days, the sidewalk for their lot(s), regardless of whether other improvements have been made on upon the lot. f. All plans and specifications for public infrastructure will be stored at the City’s Engineering Office located at 20 E. Olive Street, Bozeman, Montana 59715. g. The proposed development falls within a known area of high groundwater. No crawl spaces or basements may be constructed with the future development of the site, unless a professional engineer registered in the State of Montana certifies that the lowest point of any proposed structure is located above the seasonal high groundwater level and provide supporting groundwater data prior to release of building permit. In addition, sump pumps are not allowed to be connected to the sanitary sewer system or drainage system unless capacity is designed into the drainage system to accept the pumped water. Water from sump pumps may not be discharged onto streets, such as into the curb and gutters where they may create a safety hazard for pedestrians and vehicles. h. The orientation of buildings located on Lot 1 and Lot 8 shall match the orientation of Lots 2 – 7. i. Accessory dwelling units (ADUs) may count towards meeting the minimum density requirements for the Residential High Density zoning district (R-4) that is applicable to the lots indicated within this proposed development, only if: i. An ADU is constructed on each lot, ii. An attached ADU is permitted through the Building Department under the same building permit for the principal structure, iii. A detached ADU is permitted through the Building Department separately from the principal structure, and, iv. Applicable building permits for the principal structure and detached ADU are applied for and approved concurrently. The City of Bozeman will not issue certificates of occupancy for any of the principal structures on the lots unless an ADU has also been constructed. Section 3 – APPLICABLE CODE PROVISIONS 1. Sec. 38.100.080 – Compliance with regulations required. a. 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. Sec. 38.240.150. Final plat application. a. The plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Final Subdivision Plats (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. i. The Final Plat application must include three (3) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent) and one (1) digital copy. ii. 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. iii. The Clerk and Recorder will file the new Conditions of Approval sheet as the last same sized mylar sheet in the plat set. 3. Sec. 38.240.460. Acceptance of dedications. a. Please edit the Certificate of Director of Public Works to be the following: i. CERTIFICATE OF ACCEPTANCE OF DEDICATIONS 1. I, Direct of Public Works, City of Bozeman, Montana, do hereby accept the dedication to the City of Bozeman for the public use of any and all lands shown on the plat as being dedicated to such use. DATED this ______ day of _______, ________. (Signature), Director of Public Works. 4. Sec. 38.240.540. Certificate of Governing Body. a. Please add the following certificate to be the plat: i. CERTIFICATE OF GOVERNING BODY APPROVING PLAT 1. I, Direct of Community Developmet, City of Bozeman, Montana, do hereby certify that the accompanying plat has been duly examined and has found the same to conform to the law and approves it. DATED this ______ day of _______, ________. (Signature), Director of Community Development. 5. Sec. 38.410.060. - Easements. a. The final plat must provide all necessary utility easements and they must be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location. 6. Sec. 38.410.130 - Water Adequacy. a. Subject to subsections B and C, prior to final approval by the review authority of development occurring under this chapter or chapter 10, the applicant must offset the entire estimated increase in annual municipal water demand attributable to the development pursuant to subsection D. i. Payment-in-lieu of water rights must be made for the lots prior to final plat approval. Note: With this memo, Staff has found the application to be adequate for continued review. During review of subsequent applications and preparation of the staff report for said applications, 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.