HomeMy WebLinkAbout11 24 08_Approve the Final Plat for West Winds Subdivision Phase 5 #P-08013
REPORT TO: Honorable Mayor and City Commission
FROM: Tim Cooper, Staff Attorney
Chris Kukulski, City Manager
SUBJECT: West Winds PUD Phase 5 Subdivision Final Plat (#P-08013)
MEETING DATE: November 24, 2008
RECOMMENDATION: Upon the Director of Public Service’s review and concurrence and final staff approval,
the City Commission approves the Final Plat of West Winds PUD Phase 5 Subdivision, and authorizes the Director
of Public Service to execute the same on behalf of the City of Bozeman.
BACKGROUND: This is a request for approval of a Subdivision Final Plat to subdivide ~ 60 acres into 11 single-
household, 1 community center, 2 multi-household lots, and one lot for further subdivision, streets, park and open
space areas. The property is generally located on the north side of Oak Street between N. 27th Street and
Fowler/Davis Avenue. At its October 1, 2007, public hearing, the Bozeman City Commission voted to
conditionally approve the West Winds PUD Phases 4-8 Subdivision Preliminary Plat. The applicant applied for
final plat approval on November 3, 2008, and staff has concluded all terms and conditions of preliminary plat
approval have been met pending final staff approval.
State law provides that the governing body shall approve the plat only if:
a) The plat conforms to the conditions of approval set forth on the preliminary plat and to the terms of
the state subdivision law and regulations and the regulations adopted by the Bozeman City Commission; and
b) The County Treasurer has certified that all real property taxes and special assessments assessed and
levied on the land to subdivide have been paid.
The County Treasurer has certified that the taxes and special assessments have been paid. Attached is a
memorandum from Lanette Windemaker, Contract Planner, delineating how the conditions of preliminary plat
approval have been satisfied.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property tax
revenues from new development, along with increased costs to deliver municipal services to the property.
ALTERNATIVES: As suggested by the City Commission
APPROVED BY: Chris Kukulski
Attachments: Review Memo to Tim Cooper, dated November 20, 2008.
Commission Memorandum
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community planning zoning subdivision review annexation historic preservation neighborhood planning urban design GIS
CITY OF BOZEMAN
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
Alfred M. Stiff Professional Building
20 East Olive Street
P.O. Box 1230
Bozeman, Montana 59771-1230
phone 406-582-2260
fax 406-582-2263
planning@bozeman.net
www.bozeman.net
Memorandum
____________________________________________________________________________________
To: Tim Cooper, Staff Attorney
From: Brian Krueger, Associate Planner
Date: November 20, 2008
Re: West Winds Subdivision Phase 5 Final Plat, #P-08013
____________________________________________________________________________________
Attached, please find a paper copy of the above referenced subdivision, the Original Platting Certificate,
four (4) signed mylars, and the full application binder with additional required Final Plat submittal
information.
On October 1, 2007, the City Commission granted preliminary plat approval for Phases 4-8 of the West
Winds Planned Unit Development Subdivision, as submitted by Cascade Development, represented by
HKM Engineering, Inc, subject to 52 conditions and 11 code provisions. The Findings of Fact and Order
were signed on November 20, 2007. Based on the following review of the conditions of preliminary
plat approval, Planning Staff finds that a majority of the conditions and code provisions have been
satisfied. Staff recommends that the Commission approve the final plat subject to the final approval of
staff.
Conditions of Approval:
1. With a proposed block length of ~ 1,080 feet from Breeze Lane to Tschache Lane, the street pattern
in West Winds shall be designed to provide a city standard street connection to a full access
intersection at Vaquero Street and Davis Lane, subject to Engineering and Planning Department
review and approval. Winter Park Street is a 60’ wide public road shown in Phase 5. The
intersection of Winter Park Street and Davis Lane is planned to be improved as a full access
intersection.
2. With a proposed block length of ~ 975 feet from Oak Street to Vaquero Street, the street pattern in
West Winds shall be designed to provide a street connection of Breeze Lane extended to a partial
access intersection at Davis Lane, final location subject to Engineering and Planning Department
review and approval. A 60’ wide public street and utility easement for Breeze Lane has been
provided on the plat.
3. Due to topography, the presence of critical lands, access control, and adjacency to open space, block
lengths may exceed 400 feet but may not exceed 1, 087 feet. Block lengths shall not exceed 600 feet
without a public right of way with pedestrian walkway. A pedestrian walkway note is included in
the final plat which addresses block length and extending a trail through phase 5.
4. Due to separation of residential development from traffic arterials and to overcome specific
disadvantages of topography and orientation, block widths may be less than 200 feet or more than
400 feet in width. Block widths shall not exceed 600 feet without a public right of way with
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pedestrian walkway. A pedestrian walkway note is included in the final plat which addresses block
length and extending a trail through phase 5.
5. The remainder of the original tract of record (and of each phase of the subdivision)) shall be platted
as an undevelopable lot in accordance with §18.74.080.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. The following language shall either be placed on the face
of the plat or in a separate executed document to be recorded with the final plat. The final plat
includes a “Lot R2” and the required language.
NOTICE IS HEREBY GIVEN to all potential purchasers of Lot X, of XXXXX 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 18.74 of the Bozeman Municipal Code.
As such, this Restriction is filed with the final plat that stipulates that any use of this 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.
THEREFORE, BE ADVISED, that Building Permits will not be issued for Lot of XXXXX
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 structure
requiring water or sewer facilities shall be utilized on this lot until this restriction is lifted. This
restriction runs with the land and is revocable only by further subdivision or the written consent
of the City of Bozeman.”
6. The approved park master plan shall be amended to address any additions, revisions or changes from
the previous approval as well as the relocation of the trail corridor, locations of sewer mains,
stormwater facilities and all easements, and shall be approved by the Park and Recreation
Superintendent, prior to Final Plat approval. In addition, the park master plan shall document the
current status of the park areas, phasing and number of dwelling units. The Park Master Plan has
been revised as required and was signed by the Parks Superintendent on August 20, 2008. Recent
revisions to the Park Master Plan, due to additional storm drainage facilities in the park, have
been approved by Planning and Engineering staff and are pending final signature by the Park
Superintendent.
7. The covenants shall address street trees, and shall include a planting note stating that the planting
hole shall be at least twice the diameter of the root ball, that the root flare of the newly planted tree is
visible and above ground, and there should be a mulch ring 3’ -4’ in diameter around each newly
planted boulevard tree. The covenants have been revised to include this notation.
8. Note 6 on Phase 6 shall be removed or corrected – a church is not limited commercial, it is a
community center. To be addressed with a future phase.
9. All subdivision final plats shall comply with the final approved PUD plan and Development
Guidelines for the West Winds Planned Unit Development. This plat is in compliance with the final
approved PUD plan and Development Guidelines.
10. A note shall be included on the plat for all multi family lots describing park dedication allowances;
e.g. park dedication requirements for Lot 12, Block 7 have been met for 48 dwelling units, at the
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time of subsequent development, when net residential density becomes known, cash-in-lieu of park
dedication requirements shall be met by the property owner for any additional density in accordance
with the BMC. This note shall be recorded on the individual lots in a manner that will appear on a
title search. A note has been included on the final plat and individual lots to meet this
requirement.
11. The park shall be titled “Public Park”. The open space shall be titled “Open Space, Public Access”.
Notes shall be included on the plat describing ownership and maintenance responsibility for all
parks, open space and/or other common facilities and areas, e.g.: public park, dedicated to the city
and maintained by the property owners association; and open space, public access, owned by the
property owners, maintained by the property owners association, etc. Park land, open space areas
and storm water facilities shall not be titled as lots or tracts but shall be numbered. Park area has
been labeled as “Public Park” and open space has been labeled “Open Space, Public Access”. A
note for park ownership and maintenance has been included on the final plat.
12. Street lighting, including pathway intersection lighting, shall be installed by the subdivider. Light
locations and specifications shall be provided to the City Engineer for review and approval with the
public improvements plans and specifications. All street light poles shall be installed a minimum of
10’ from any water or sewer main or appurtenance. Street lighting for the Phase 5 SILD has been
approved by City Engineering. The resolution of intent to create was approved by the
Commission on October 27, 2008.
13. Street lighting SILD information for operation and/or maintenance shall be submitted to the Clerk of
Commission directly after Preliminary Plat approval in hard copy and digital form. The final plat
will not be deemed complete until the resolution to create the SILD has been approved by the City
Commission. The resolution of intent to create was approved by the Commission on October 27,
2008.
14. Final plat approval for West Winds Phases 4-8 shall not be granted, nor shall any preconstruction
meetings be held or construction of any subdivision-related infrastructure commence, until an
appropriate fire station site within the area defined in the Master Plan (i.e., between Flanders Mill
Road and North 27th Avenue, and between Durston Road and Baxter Lane) has been secured. A fire
station location has been secured.
15. Water rights, or if water rights are not available cash-in-lieu thereof, as calculated by the City
Engineer, is due with the final plat. The required cash-in-lieu of water rights has been paid as
required.
16. Buildings proposed for construction with crawl spaces or basements shall include Engineer
Certification regarding depth of ground water and soil conditions and proposed mitigation methods
to be submitted with each Building Permit. The Final Plat shall include a notation that due to high
ground water conditions full or partial basements are not recommended. A note on high ground
water is included on the final plat.
17. Applicant shall provide a soils report, along with building plans, to the Building Division,
recommending types of foundations. If development shall occur in phases, the soils report may
address those lots within the proposed phase. A soils report was provided with the original PUD.
The report is on file with the Building Department and recommends types of foundations.
18. All plans and specification shall comply with the current version (including all addenda) of the City
of Bozeman Design Standards and Specifications Policy and the City of Bozeman Modifications To
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Montana Public Works Standard Specifications Fifth Edition that have been adopted at the time of
approval of the plans and specifications. All plans and specifications comply with the current
version (including all addenda) of the City of Bozeman Design Standards and Specifications
Policy and the City of Bozeman Modifications To Montana Public Works Standard Specifications
Fifth Edition.
19. The final plat shall comply with the standards identified and referenced in the Bozeman Municipal
Code. 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. See all comments provided
herein. The plat has been prepared in compliance per City standards.
20. To support the affordability of housing: This requirement has been complied with.
a. To ensure a mix of housing types in Phases 4 to 8, the area south of Winter Park Street, in Phases
4-8, shall include multi family housing; townhouses and/or living/elderly care facilities and
apartments.
b. The minimum density of the West Winds PUD shall not be less than six dwelling units per acre.
c. The number of townhouse lots may be increased at the time of final plat to comply with any
increase in the number of townhouse lots on the approved final PUD plan.
d. Townhouses are preferable to condos. Condos are hard to sell as homes or resell as homes if
some of the units convert to rentals.
e. Builders of attached units shall have a FHA inspection to allow for more types of affordable
financing.
f. Encourage connectivity with the Park.
21. Stormwater Master Plan:
A Stormwater Master Plan for these phases of 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 detention/retention basin location, show location of
and provide easements for adequate drainage ways within the subdivision to transport runoff to the
stormwater receiving channel. The plan shall include sufficient site grading and elevation
information (particularly for the basin sites, drainage ways and finished lot grades), typical
stormwater detention/retention basin and discharge structure details, basin sizing calculations and a
stormwater maintenance plan.
Any stormwater ponds located within a park or open space shall be designed and constructed to be
conducive to the normal use and maintenance of the open space. Stormwater ponds for runoff
generated by the subdivision (e.g., general lot runoff, public or private streets, common open space,
parks, etc.) shall not be located in easements within privately owned lots.
While the runoff from the individual lots will be dependent on the intensity of use on each lot, the
maximum sizing of the storm retention facilities for each lot will be established based on maximum
site development. Final facility sizing may be reviewed and reduced during design review of the
FSP for each lot. The storm drainage reports have been approved by City Engineering. The storm
drainage easements for the Lot R2 storm drainage facilities are pending Engineering staff
approval.
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22. Plans and specifications and a detailed design report for water and sewer main extensions, streets
and storm drainage facilities, prepared 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 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 pre-construction conference has been conducted. All plans
and specification shall comply with the current version (including all addenda) of the City of
Bozeman Design Standards and Specifications Policy and the City of Bozeman Modifications to
Montana Public Works Standard Specifications Fifth Edition that have been adopted at the time of
approval of the plans and specifications.
No building permits shall be issued prior to substantial completion and City acceptance of the
required infrastructure improvements unless all of the requirements of Section 18.74.030.D of
the Bozeman Municipal Code are met to allow for concurrent construction.
The design reports and the subdivision interior streets plans and specifications have been
approved by City Engineering. Approval of the Davis Lane plans and specifications are pending
Engineering staff approval. MDEQ approval has been obtained.
23. All infrastructure improvements including 1) water and sewer main extensions, and 2) public streets,
curb/gutter, sidewalks fronting parks, open space, rear yard frontages or other non-lot frontages, and
related storm drainage infrastructure improvements shall be financially guaranteed or constructed
prior to Final Plat approval.
City standard residential sidewalks shall be constructed on all public street frontages of a property
prior to occupancy of any structure on the property. Upon the third anniversary of the plat
recordation of any phase of the subdivision, any lot owner who has not constructed said sidewalk
shall, without further notice, construct within 30 days said sidewalk for their lot(s), regardless of
whether other improvements have been made upon the lot. This condition shall be included on the
final plat for the subdivision.
The infrastructure improvements are being financially guaranteed. A note (No. 6) has been added
to the final plat requiring sidewalk installation, if not done prior to third anniversary of plat
recordation.
24. Project phasing shall be clearly defined including installation of infrastructure.
A phasing diagram has been provided.
25. All proposed private utilities to serve the subdivision shall be shown on the public infrastructure
plans and specifications.
The private utilities are shown on the infrastructure plans.
26. 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, as well as all nearby fire hydrants
and proposed fire hydrants.
These items are shown on the infrastructure plans. The easements for the off-site improvements
on Lot R2 are pending Engineering staff approval.
27. Any easements needed for the water and sewer main extensions shall be a minimum of 30 feet in
width with the utility located in the center of the easement. In no case shall the utility be less than 10
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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.
The easements for the off-site improvements on Lot R2 are pending Engineering staff approval.
28. Street names must be approved by the Gallatin County GIS office and City Engineering office prior
to final plat approval.
The street names have been approved by Gallatin County and are pending approval by the City
Engineering office.
29. The developer shall make arrangements with the City Engineer's office to provide addresses for all
individual lots in the subdivision prior to filing of the final plat.
The City Engineer’s office has been contacted to provide addresses.
30. The location of mailboxes shall be coordinated with the City Engineering Department prior to their
installation.
The engineer acknowledged that the location of the mailboxes will be coordinated with City
Engineering.
31. 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.
The appropriate permits will be obtained.
32. If construction activities related to the project result in the disturbance of more than 1 acre of natural
ground, an erosion/sediment control plan may be required. The Montana Department of
Environmental Quality may need to be contacted by the Applicant to determine if a Stormwater
Discharge Permit is necessary. If a permit is required by the State, the Developer shall demonstrate
to the City full permit compliance.
A SWPPP will be secured.
33. 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 18.74.020.A.1 of the Bozeman Municipal
Code. This shall be submitted as part of the final site plan for site developments, or with the
infrastructure plans for subdivisions. It shall be the responsibility of the applicant to ensure that the
construction traffic follows the approved routes.
A construction route map has been provided.
34. All construction activities shall comply with Section 18.74.020.A.2 of the Bozeman Municipal
Code. 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.
The engineer acknowledged this condition will be complied with.
35. Ditch relocation:
a. The Montana Fish, Wildlife and Parks shall be contacted by the Applicant regarding the
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proposed relocation and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be
obtained prior to FSP approval.
b. The Applicant shall comply with all parts of section 18.42.060.D for any ditch relocation.
Portions of the Section Line Ditch are being filled with construction of Davis Lane. The filling of
the associated wetland is covered by the existing Corps of Engineers 404 Nationwide permit.
36. In locations where Baxter Lane and Davis Lane are being improved, the various irrigation ditches
and/or streams shall be either relocated outside the right-of-way, accommodated in an approved
center median, or placed in a pipe. The plan for the irrigation ditches shall be reviewed and approved
by the ditch owner.
The plans for Davis Lane were submitted to the Farmers Canal Ditch Company and were
approved November 18, 2008.
37. Stormwater generated by the proposed subdivision shall not be discharged to an irrigation facility.
No stormwater will be discharged into an irrigation ditch.
38. Any public street rights of way for which easements have been provided (i.e. Oak Street) shall be
dedicated to the City on the Final Plat for this subdivision. The applicant shall also dedicate an
additional 5 ft for the south half of Baxter Lane.
The Phase 5 final plat shows the portion of Oak Street and Davis Lane that is being dedicated
with this phase.
39. City standard curb, gutter and sidewalk shall be provided along all streets in the subdivision. 6 foot
wide sidewalk will be required in the standard location on the development’s side of West Oak
Street, Davis Lane, and Baxter Lane.
City standard curb, gutter and sidewalk will be provided.
40. All typical street sections, including sidewalk location within the right-of-way and provisions for
bicyclists shall be in conformance with the street standards recommended in the Greater Bozeman
Area Transportation Plan, 2001 Update, unless otherwise approved by the City Commission, or by
the City Engineer through the plan and specification review and approval process.
This condition has been met.
41. A schematic signage plan for the subdivision, noting any proposed traffic calming measures, shall be
provided with the design report for review and approval by the City Engineer.
The schematic signage plan for Phase 5 has been approved by City Engineering. The schematic
signage plan for Davis Lane is pending Engineering staff approval.
42. Parking will not be allowed on West Oak Street, Baxter Lane, or Davis Lane.
No parking will be allowed on Davis Lane or Oak Street.
43. If approved for concurrent construction, detailed review and approval of the concurrent construction
plans will be part of the infrastructure plan and specification review process. Building permits may
not be issued until the plans are approved.
Concurrent construction has not been requested or approved for Phase 5. However, further
review and approval the Breeze Lane improvements will be necessary once that alignment is
finalized.
44. A 1 foot no access easement shall be shown on the final plat along the entire frontage of West Oak
Street, Baxter Lane, and Davis Lane.
This has been shown on the final plat along Davis Lane and Oak Street.
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45. The Traffic Impact Study, 2007 Update, indicates that the North 27th Avenue intersections with West
Oak Street and Durston Road will have level of service (LOS) at D or below prior to final build-out
of the subdivision. Bozeman Municipal Code section 18.44.060.D states “All arterial and collector
streets, and movements on intersection approach legs designated as arterial or collector streets, shall
operate at a minimum level of service C.” The improvements necessary for each phase to raise the
level of service at these intersections to Level of Service C must be installed and accepted by the
City of Bozeman prior to the issuance of building permits, unless approved for concurrent
construction. To determine the timing of the improvements, an update to the Traffic Impact Study
shall be provided with the design report for each phase. Also, the update shall identify when the
exclusive westbound left turn lane at West Oak Street and N 27th Avenue shall be installed.
A TIS update was provided with Phase 5.
46. Baxter Lane and Davis Lane, along the property boundary, shall be improved, as part of this
development; to one half of a minor arterial standard as shown in the Greater Bozeman Area
Transportation Plan 2001 Update and shall match the sections built by Baxter Meadows. Where one
half of a standard arterial is being built 12 feet of pavement for the opposing lane of travel shall be
provided. City standard curb and gutter, and 6 foot wide sidewalk will be required in the standard
location on the development’s side of the street. Detailed review of the street and intersection design,
and approval by the City Engineer will be required as part of the infrastructure plan and specification
review process.
The Davis Lane plans are pending approval by City Engineering.
47. The east half of Davis Lane from West Oak Street to Baxter Lane must be constructed and accepted
by the City prior to filing the Final Plat for any phase along Davis Lane, or financially guaranteed
and completed prior to issuance of building permits, unless approved for concurrent construction.
The design of Davis Lane is also to address the existing irrigation ditch and provide a median. The
south half of Baxter Lane, from Buckrake Avenue to Davis Lane must be constructed and accepted
by the City prior to filing the Final Plat for any phase along Baxter Lane, or financially guaranteed
and completed prior to issuance of building permits, unless approved for concurrent construction.
The infrastructure improvements shall include improvements to the intersections of Davis Lane at
Baxter Lane and West Oak Street.
The Davis Lane plans are pending approval by City Engineering.
48. Each phase of the subdivision shall have a second means access.
A second means of access has been provided in Phase 5.
49. Per the access standards in Section 090.D.3 of Chapter 18.44 of the Bozeman Municipal Code, the
intersections of Windward Ave at Baxter Lane and Breeze Lane at Davis Lane will be partial access.
The intersection of Breeze Lane at Davis Lane will be partial access.
50. Ensure the sanitary sewer manhole spacing provided does not exceed the maximum manhole
spacing, per the COB Design Standards and Specifications Policy.
The manhole spacing is in compliance.
51. Each phase of the subdivision shall have a minimum of two separate water main feeds. Single source
loops created by phasing will not be allowed.
Two water main feeds have been provided.
52. Hunters Way (from Baxter Lane to Oak Street) shall include a Signed Bike Route since this will be
an extension of an existing Signed Bike Route on Hunters Way.
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Not Applicable to Phase 5.
West Winds PUD Phase 4-8 Subdivision Preliminary Plat Code Provisions:
a. Pursuant to Section 18.42.040, a right-of-way for a pedestrian walk, not less than 10 feet wide, shall
be required to ensure that no blocks exceed 600 feet. Unless the pedestrian right-of-way is a
minimum of 30 feet wide, the setback adjacent to it shall be a minimum of 15 feet. These rights-of-
way and a note shall be on the final plat denoting specific locations, subject to review and approval
of the Planning Department.
A pedestrian walkway note has been added to the final plat.
b. Pursuant to Section 18.42.060, front yard utility easements shall be 10 feet wide, and shall always be
provided unless written confirmation is submitted to the Planning Department from ALL utility
companies providing service indicating that front yard easements are not needed.
12’ front yard utility easements have been provided.
c. Pursuant to Section 18.42.150, street lighting, including pathway intersection lighting, shall be
provided. Lighting will be provided through an SLID. The design and locations have been
approved.
d. Section 18.42.180 requires 10% of the net buildable area to be devoted towards Restricted Size Lots.
The Final Plat shall indicate which lots are reserved to meet the RSL requirement. The RSL
designation shall be recorded on the individual lots in a manner that will appear on a title search and
include reference to the sunset provisions of Section 18.42.180. Notes describing RSLs shall indicate
the correct section of the code. RSL’s have been provided for phase 5.
e. Per Section 18.50.090, executed waivers of right to protest creation of special improvement districts
(SIDs) for a park maintenance district shall be filed and of record with the Gallatin County Clerk and
Recorder prior to final plat approval. A copy of the filed documents shall be submitted with the final
plan. The waiver has been signed, filed and recorded.
f. Covenants, restrictions, and articles of incorporation for the creation of a homeowners’ 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, provisions for assessment, maintenance, repair and upkeep of
common open space areas, public parkland/open space corridors, stormwater facilities, public
pathway/trails, snow removal, and other areas common to the association pursuant to Chapter 18.72
of the Bozeman Municipal Code. This condition has been complied with.
g. Prior to final plan approval, a common area and facility maintenance plan and guarantee shall be
provided for the permanent care and maintenance of open spaces, recreational areas, stormwater
facilities and parking lots in accordance with Chapter 18.72 or the Bozeman Municipal Code. The
same shall be submitted to the city attorney and shall not be accepted by the city until approved as to
legal form and effect. A draft of these documents must be submitted for review and approval by the
Planning Department at least 30 days prior to filing and recordation with the Gallatin County Clerk
and Recorder. The final PUD plan addresses common area maintenance and is addressed in
Section 7.1 and 7.2 of the covenants.
h. Section 18.78.070.D requires a Final Park Plan to be approved by the City Commission, with a
recommendation from the Bozeman Recreation and Parks Advisory Board, prior to Final Plat
approval. Four bound copies of the plan shall be submitted to the Planning Office for review prior to
installation of any improvements or prior to Final Plat submission, whichever comes first. The Park
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Plan shall address all of the criteria outlined in Section 18.78.060.P. The Park Master Plan has
been revised as required and was signed by the Parks Superintendent on August 20, 2008. .
Recent revisions to the Park Master Plan, due to additional storm drainage facilities in the park,
have been approved by Planning and Engineering staff and are pending final signature by the
Park Superintendent.
i. The Final Plat shall conform to all requirements of the Bozeman Municipal Code 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 and corrected certificates. The Final Plat application shall
include four (4) 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 proper copies
have been provided.
j. Pursuant to Section 18.06.040.D.6, conditional approval of the Preliminary Plat shall be in force for
not more than one calendar year for minor subdivisions, two years for single-phased major
subdivisions and three years for multi-phased major subdivisions. Prior to that expiration date, the
subdivider may submit a letter of request for the extension of the period to the Planning Director for
the City Commission’s consideration. The City Commission may, at the written request of the
subdivider, extend its approval for no more than one calendar year, except that the City Commission
may extend its approval for a period of more than one year if that approval period is included as a
specific condition of a written subdivision improvements agreement between the City Commission
and the subdivider, provided for in §18.74.060, BMC. Complied with. Preliminary Plat approval
was granted on October 1, 2007.
k. If it is the subdivider’s intent to file the plat prior to installation, certification, and acceptance of all
required improvements by the City of Bozeman, an Improvements Agreement shall be entered into
with the City of Bozeman guaranteeing the completion of all improvements in accordance with the
Preliminary Plat submittal information and conditions of approval. If the Final Plat is filed prior to
the installation of all improvements, the subdivider shall supply the City of Bozeman with an
acceptable method of security equal to 150% of the cost of the remaining improvements. The
improvements have been guaranteed and are subject to the applicable improvements agreements.
l. The applicant shall submit with the application for Final Plat review and approval, a written
narrative stating how each of the conditions of preliminary plat approval has been satisfactorily
addressed, and shall include a digital copy (pdf) of the entire Final Plat submittal. This narrative
shall in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc.
in the submittal. Complied with.
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