HomeMy WebLinkAboutPT Land Phase 1 Subdivision Final Plat #P-07052/06057
REPORT TO: Honorable Mayor and City Commission
FROM: Tim Cooper, Staff Attorney
SUBJECT: PT Land Phase I Subdivision Final Plat (#P-07052/06057)
MEETING DATE: March 17, 2008
RECOMMENDATION: Upon the Director of Public Service’s review and concurrence, the City
Commission approves the Final Plat of PT Land Phase I 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 ~ 48 acres
into 5 lots and one lot for further subdivision. The property is bounded by Baxter Lane, North 11th
Avenue, West Oak Street, and North 15th Avenue. At its December 11, 2006, public hearing, the
Bozeman City Commission voted to conditionally approve the PT Land Subdivision Preliminary Plat.
The applicant applied for final plat approval with an adequate submittal on December 26, 2007, final
documents were received on February 29, 2008, and staff has concluded all terms and conditions of
preliminary plat approval have been met.
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
CONTACT: Please email Tim Cooper at tcooper@bozeman.net if you have any questions prior to the
public hearing.
APPROVED BY: Chris Kukulski, City Manager
Commission Memorandum
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MEMORANDUM
To: Tim Cooper, Staff Attorney
From: Lanette Windemaker, AICP; Contract Planner
Date: March 4, 2008
RE: PT Land PUD Subdivision Phase I Final Plat (#P-07052)
Attached please find the final plat submittal for the PT Land PUD Subdivision Phase I.
Attached you will find the Original Platting Certificate, four (4) signed mylars, one paper copy
and the full final plat submittal information. Dustin Johnson has reviewed the plat and Andy Kerr
checked the plat for closure.
Please prepare a City Attorney’s Certificate using the attached ORIGINAL copy of the Platting
Certificate and approve the Certificates of Director of Public Service and Certificate of
Exclusion from MDEQ Review “as to form”. If you find this submittal acceptable, please place it
as an item on the next available City Commission Agenda.
The preliminary plat was conditionally approved on December 11, 2006, and the Findings of
Fact were signed on January 8, 2007. The final plat was initially submitted for the September 5,
2007 deadline and was deemed unacceptable for review on September 10, 2007. The final plat
was resubmitted for the December 26, 2007 deadline, and was deemed incomplete but adequate
for initial review. Additional information was provided on January 2, 2008, and on January 15,
2008, the submission was deemed incomplete but acceptable for review. The final documents
were provided on February 29, 2008. In accordance with 18.06.060, the final plat must be
approved by the City Commission within 45 working days or no later than May 2, 2008. PT
Land PUD Subdivision is generally bounded by Baxter Lane, North 11th Avenue, West Oak
Street, and North 15th Avenue. The PT Land PUD Subdivision was approved subject to the
following conditions and code provisions.
Plat Conditions:
1. The watercourse setback along the Walton Stream/Ditch south of Tschache Lane shall be 50
feet. If a minor reduction is necessary to due to road design geometrics to facilitate the taper
angle required between the existing right-of-way alignment of North 15th Avenue and the
continuation of the right-of-way of North 15th Avenue to achieve a watercourse setback of 50
feet, the watercourse setback for that portion only may be reduced to not less than 35 feet for
the minimum distance required to achieved the realignment. Complied with.
2. A right of way, not less than 10 feet wide, for a city standard sidewalk, is required mid-block
in Block 3 to divide a continuous block length in excess of 600 feet in accordance with
§18.42.040.D. Rights-Of-Way for Pedestrians. NA, to be addressed in a later phase.
3. A Concurrent Construction Plan, for an approved lot-specific final site plan, addressing all
requirements of 18.74.030.D, shall be submitted for review and approval of the Planning
Director with a recommendation from the Development Review Committee. NA at this time.
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4. Storm water retention/detention facilities may be located in Zone 1 of the watercourse
setback if located no closer than 50 feet to the ordinary high water mark of the watercourse.
The storm water retention/detention ponds shall be designed as landscape amenities. They
shall be an organic water feature with a natural, curvilinear shape. The ponds shall have 75
percent of surface area covered with live vegetation, and be lined with native grasses,
indigenous plants, wet root tolerant plant types and groupings of boulders to create a
functional yet, natural site feature. A cross section and landscape detail of each pond shall be
submitted with the final landscape plan for review and approval. (As amended by City
Commission.) Reviewed in conjunction with the landscaping plan of the Final PUD Plan.
5. Covenants shall address the requirements for street trees, a COB planting permit for street
trees and obtaining utility locates before any excavation begins in the COB right of way.
Addressed in Article 6.70 of the Covenants.
6. Water rights, or cash-in-lieu thereof, as calculated by the City Engineer, is due with the final
plat. Payment in the amount of $31,874.61 was received on January 2, 2008.
7. The open space shall be titled “Open Space, Public Access”. Notes shall be included on the
plat describing ownership and maintenance responsibility for the open space, e.g.: open
space, public access, owned by the property owners association, maintained by the property
owners association, etc. NA at this time.
8. Subdivision lighting SILD information 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. Complied with, Resolution #4064 for final creation of SILD #702 was
approved August 30, 2007.
9. 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.
Complied with, see Note 2 on Plat.
10. 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. To be provided to the Building
Department, see Note 5 on Plat.
11. The remainder of each phase of the subdivision shall be platted as an undevelopable tract in
accordance with §18.74.080.B.6, BMC, with the following language placed on the face of the
final plat. No public improvements shall be required for the undevelopable tract until it is
subdivided as a lot which is not subject to this restriction.
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NOTICE IS HEREBY GIVEN to all potential purchasers of Tract X of XXXXX Subdivision
Phase X, 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 Tract X of
XXXXX Subdivision Phase X 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. (As amended by City
Commission.) Complied with, see Note 1 on Plat.
12. 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.
Complied with.
Engineering Conditions:
13. This proposed Subdivision is located within the following payback districts:
· Hampton Inn Sewer Payback
· Baxter Lane and North 19th Signal Payback
· Tange LLC Water Payback
Unless previously filed with the property, the applicant will make all payments necessary
prior to each phase. Complied with.
14. Unless currently filed with the property, the applicant is advised executed Waivers of Right
to Protest Creation of S.I.D.'s shall be provided and filed with the County Clerk and
Recorder's office for the following:
a) Intersection improvements at Oak Street and North 7th.
b) Intersection improvements at Oak Street and North 19th.
c) Intersection improvements at Baxter Lane and North 19th.
d) Intersection improvements at Tscache Lane and North 19th.
e) Street improvements to Oak Street including paving, curb/gutter, sidewalk, and storm
drainage (unless currently filed with the property).
f) Street improvements to Baxter Lane including paving, curb/gutter, sidewalk, and storm
drainage (unless currently filed with the property).
g) Intersection improvements at Oak Street and North 15th Avenue. (As amended by City
Commission.)
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The document filed shall specify state that in the event an S.I.D. is not utilized for the
completion of these improvements, the developer agrees to participate in an alternate
financing method for the completion of said improvements on a fair share, proportionate
basis as determined by square footage of property, taxable valuation of the property, traffic
contribution from the development or a combination thereof. Document executed, to be
recorded with the Final Plat.
15. Proposed phasing shall be depicted on the preliminary plan. The full extent of all proposed
infrastructure improvements required for each phase shall also be clearly indicated on the
final plan submittal. No building permits shall be issued prior to City acceptance of the
required infrastructure improvements unless all of the requirements of §18.74.030.D are met
to allow for concurrent construction. Phases shall be numbered in the order in which they are
to be built. All concurrent construction requirements shall be met or substantial completion
of all public infrastructure shall be accepted prior to the issuance of building permits at each
phase. Complied with.
16. Access to Lots 1 and 2 of Block 2, Lots 1, 2, and 3 of Block 1 from North 15th Ave, and
access to Lots 1 and 6 of Block 3 from North 11th Ave shall use shared accesses. A one foot
no access stripe will be required for the lengths of any proposed lots fronting North 15th or
North 11th, excluding the locations of any shared accesses. In addition, all separation
requirements outlined in the §18.44.090 of the Bozeman Municipal Code shall be met. If
access cannot be achieved within the parameters of the Bozeman Municipal Code the
applicant may apply for a deviation. The procedure for applying for an access deviation is
outlined in §18.44.090.H.3 of the Bozeman Municipal Code. Complied with.
17. Stormwater Master Plan: Complied with.
A Stormwater Master Plan for the subdivision for a system designed to remove solids, silt,
oils, grease, and other pollutants from the runoff from the private and public streets and all
lots must be provided to and approved by the City Engineer.
The master plan must depict the maximum sized retention/detention basin location, and
locate and provide easements for adequate drainage ways within the subdivision to transport
runoff to the stormwater receiving channel. The plan shall include sufficient site grading and
elevation information (particularly for the basin sites, drainage ways, and lot finished
grades), typical stormwater retention/detention basin and discharge structure details, basin
sizing calculations, and a stormwater maintenance plan.
Any stormwater ponds located within park or open space shall be designed and constructed
so as to be conducive to the normal use and maintenance of the park or open space. Storm
water ponds shall not be located on private lots.
Detailed review of the final grading and drainage plan and approval by the City Engineer will
be required as part of the infrastructure plan and specification review process.
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Currently, there exists a temporary storm drainage easement on this property for several
adjoining streets and a neighboring lot. Prior to development an adequate permanent
drainage plan must be submitted and approved by the City Engineer, and any easements for
the temporary ponds must be properly vacated. The preliminary storm water plan submitted
with the PUD application does not address the runoff that is currently coming from the
adjoining lots and street frontage.
18. The location of and distinction between existing and proposed sewer and water mains and all
easements shall be clearly and accurately depicted, as well as all nearby existing and
proposed fire hydrants. The location of the newly installed Pressure Relief Valve along 11th
Avenue must be shown on the plans. Complied with.
19. The Developer's engineer will be required to prepare a comprehensive design report
evaluating existing capacity of water and sewer utilities which must be provided to and
approved by the City Engineer. The report must include hydraulic evaluations of each utility
for both existing and post-development demands. The report findings must demonstrate
adequate capacity to serve the full development. The report must also identify the proposed
phasing of water and sewer construction. Complied with.
If adequate water and/or sewer capacity is not available for full development, the report must
identify necessary water system and sewer system improvements required for full
development. The Developer will be responsible to complete the necessary system
improvements to serve the full development.
20. It should be noted that this site is located in an area of high water pressure. The design of the
water infrastructure will need to account for this high pressure. The installation of a pressure
reducing valve(s) (PRV) will be required. The location and the number of required PRV’s
will be determined during the infrastructure design phase. Complied with.
21. 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 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.
22. All water main extensions of more than 500 feet required for any phase of the development
shall be fully looped. Water and sewer mains shall be extended to the property lines to
adequately accommodate future extensions and/or looping. Complied with.
23. City Standard curb, gutter and sidewalk shall be provided along all streets in the subdivision,
unless otherwise noted. Streets within the subdivision will be City standard width. 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. Subject to
Improvements Agreement and Letter of Credit.
24. Tschache Lane must be extended the entire length of the subdivision, so as to connect North
15th Ave. to North 11th Ave. NA, to be addressed in a later phase.
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25. The applicant shall submit an agreement executed with the adjoining property owner prior to
final plat approval of Phase 1 regarding completion of the Tschache Lane crossing of the
Walton Stream Ditch.. Improvements can be financially guaranteed in accordance with
Chapter 18.74, BMC. The full width of both 15th and Tschache must be constructed so that
they meet at a full standard intersection. (As amended by City Commission.) Agreement
executed and recorded as Document #2276499. Subject to Improvements Agreement and
Letter of Credit.
26. North 15th Ave., or a comparable collector standard public street, must be extended to the
north so as to connect Oak Street to Baxter Lane. All wetlands regulations and stream
setbacks must be abided by when considering the alignment of these roads. All alignments
and designs of these roads must be reviewed and approved by the city engineering
department. This street section must include a back of curb to back of curb width of a
minimum of 42’, bike lanes, and sidewalks on both sides. (As amended by City Commission.)
Complied with.
27. All street names must be approved by the Gallatin County Road Office and City Engineering
Department prior to preliminary plat and final plat approval. Complied with.
28. The traffic study submitted indicates that North 11th Avenue and North 15th Avenue
currently have Level of Services (LOS) below a D. §18.44.060.D of the Bozeman Municipal
Code states “Street and intersection level of service “C” shall be the design and operational
objective, and under no conditions will less than level of service “D” be accepted. The LOS
for these intersections must be corrected prior to the issuance of building permits for any of
this development. Complied with.
29. The traffic study submitted indicates that the intersection of Oak and N. 19th operates at a
level of service below a D. Since the traffic study was performed the intersection has had
improvements. Please reevaluate the intersection to confirm that intersection operates at or
above a LOS of D at all times. If the intersection remains at a LOS below a D the developer
will be required to make improvements to the intersection to correct the LOS. Complied
with.
30. Any public street rights of way for which easements have been provided shall be dedicated to
the City on the preliminary Plat for this subdivision. Complied with.
31. A 10 foot wide asphalt pathway must be installed the length of the lot on the south side of the
property along Oak Street. This pathway must provide ADA approved access the entire
length of the lot. Subject to Improvements Agreement and Letter of Credit.
32. The full width of Baxter Lane that fronts this proposed subdivision shall be improved to meet
all current collector standards. This includes but not limited to pavement, curb and gutter,
and all necessary signage and striping. The typical section used for the Baxter Lane
improvements should match the typical section used at the Lowe’s Subdivision directly west
of this development. NA, to be addressed in a later phase.
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33. With the improvements to Baxter the developer will install sidewalk on the north side of the
street from the end of the existing sidewalk west of this development to N. 15th, where a
pedestrian crosswalk will be installed. The developer shall install the crosswalk with
adequate signage, striping, and lighting such that the intersection will provide safe passage
for pedestrians. With installation of this crosswalk the existing mid-block crosswalk west of
this development will be removed. NA, to be addressed in a later phase.
34. 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. Complied with.
35. The Montana 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 final
approval. Complied with.
36. A 10-foot wide concrete shared use boulevard sidewalk/path shall be constructed on the
north side of Tschache Lane. It is preferable that this sidewalk meander similar to the design
on the property to the west. A public access easement shall be provided for areas where the
sidewalk meanders outside of the public right-of-way. (As added by City Commission.) NA,
to be addressed in a later phase.
37. The applicant shall incorporate changes required by the conditional approval of the
Conditional Use Permit for the PT Land Planned Unit Development Preliminary Plan. (As
added by City Commission.) Complied with.
Plat Code Provisions:
a. Per §18.42.150 of the BMC, street light support structures shall not exceed 25 feet on local
streets and are only required at street and pedestrian intersections. Additional information on
the street lighting (cut sheets, etc.) is required to demonstrate compliance with the BMC.
Complied with.
b. Per §18.50.090 of the BMC, executed waivers of right to protest creation of special
improvement districts (SIDs) for a park maintenance district shall be executed and submitted
with the final plat to be filed with the Gallatin County Clerk and Recorder at the time of final
plat recordation. Document executed, to be recorded with the Final Plat.
c. Covenants, restrictions, and articles of incorporation for the creation of a property owners’
association shall be submitted with the final plat application for review and approval by the
Planning Office and shall contain, but not be limited to, provisions for assessment,
maintenance, repair and upkeep of common open space areas, public parkland/open space
corridors, stormwater facilities, public trails, snow removal, and other areas common to the
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association pursuant to Chapter 18.72 of the Bozeman Municipal Code. Document executed,
to be recorded with the Final Plat.
· These documents shall include a common area and facility maintenance plan and
guarantee for the permanent care and maintenance of open spaces, recreational areas, and
stormwater facilities in accordance with Chapter 18.72 or the Bozeman Municipal Code.
· These documents 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 45 working days
prior to filing and recordation with the Gallatin County Clerk and Recorder.
· These documents shall be executed and submitted with the final plat to be filed with the
Gallatin County Clerk and Recorder at the time of final plat recordation.
d. 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 on a double-sided,
high density 3-1/2" floppy disk; and five (5) paper prints. Complied with.
e. Pursuant to §18.06.040.D.6 of the BMC, 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 developer 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 developer, 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 developer, provided for in
§18.74.060 of the BMC. The preliminary plat was conditionally approved on December 11,
2006, this application was submitted prior to the expiration date of December 11, 2009.
f. If it is the developer’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 developer shall supply
the City of Bozeman with an acceptable method of security equal to 150% of the cost of the
remaining improvements. Improvements Agreement document has been executed, fee paid,
and a Letter of Credit in the amount of $1,350,728.00 has been provided.
g. 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. Complied with.
Attachments: Four (4) signed Mylars of Final Plat
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Original Platting Certificate
Original Consent of Mortgagee
Full Final Plat Submittal
One paper Copy of Final Plat
cc: Debbie Arkell, Director of Public Service with copy of plat.
Deanna Shannon, SID Accounting Clerk with a copy of plat.
PT Land, Jerry Perkins, 511 North Wallace Avenue, Bozeman, MT 59715-5757
Morrison-Maierle, Inc., 3011 Palmer St., Missoula, MT 59808
Dave Hutchinson, P.O. Box 505, Solana Beach, CA 92075
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