HomeMy WebLinkAboutPT Land Final Plat
REPORT TO: Honorable Mayor and City Commission
FROM: Tim Cooper, Staff Attorney
Chris Kukulski, City Manager
SUBJECT: PT Land Phase 2 Subdivision Final Plat (#P-09008)
MEETING DATE: October 26, 2008
AGENDA ITEM: Consent
RECOMMENDATION: Upon the Director of Public Service’s review and concurrence, the City Commission
approves the Final Plat of PT Land Phase 2 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 47 acres into 18
commercial lots. The property is generally located north of West Oak Street, south of Baxter Lane, and west of
North 11th Avenue. The City Commission previously voted to conditionally approve the PT Land Phase 2
Subdivision Preliminary Plat. The applicant applied for final plat approval on August 24, 2009, 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 Dave Skelton, Senior 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
Respectfully submitted,
_________________________________ ____________________________
Tim Cooper, Staff Attorney Chris Kukulski, City Manager
Attachments: Review Memo to Tim Cooper.
Commission Memorandum
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planning · zoning · subdivision review · annexation · historic preservation · housing · grant administration · neighborhood coordination
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
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TO: TIM COOPER, CITY ATTORNEY’S OFFICE
STACY ULMEN, CITY CLERK
FROM: DAVE SKELTON, SENIOR PLANNER
RE: FINAL PLAT REVIEW AND APPROVAL
PT LAND PHASE 2 SUBDIVISION
PLANNING FILE NO. P-09008
DATE: AUGUST 31, 2009
Updated SEPTEMBER 8, 2009
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Morrison Maierle, Inc., has made application to the Planning Office for Final Plat review and
approval for PT Land Phase 2 Subdivision, being the second phase of a major subdivision for
commercial development situated north of West Oak Street, south of Baxter Lane, and west of North
11th Avenue.
On December 11, 2006 the Bozeman City Commission voted 5-0 to conditionally approve this
Major Subdivision to subdivide 47 acres and create 18 commercial lots. A final plat application for
phase two was submitted to the Planning Office on July 31, 2009 and deemed incomplete lacking
compliance with Section 18.74.030.B.3 “Subdivision Lighting” of the U.D.O., whereby the resolution to
create the SLID was not approved by the City Commission. On August 24, 2009 City Commission
adopted the resolution to create the SLID for the above-referenced Major Subdivision Final Plat
Application. As a result, said application was deemed complete on August 24, 2009.
Based on the summary review provided below, the City Engineering’s Office, Development
Review Committee, and Planning Department have reviewed the application against the conditions of
preliminary plat approval; and as a result, find that final plat approval may be granted. Four (4) original
mylars of the Final Plat and original Platting Certificate are enclosed. A “No Build” restriction is not
necessary with the recording of this final plat.
The Planning Staff respectfully requests that you prepare a City Attorney's Certificate using
the attached original Platting Certificate; approve the Certificates of Director of Public Service,
Release of Sanitary Restrictions, and Certificate of Completion "as to form". If you find this
submittal acceptable, please place the final plat application on the earliest scheduled Consent Agenda of
the Bozeman City Commission.
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Once the Commission has acted on the Final Plat application, please forward the original mylar
plats and documents to the Director of Public Service and have the Director sign the appropriate
certificates on the final plat. Please make sure the Director’s signature’s are notarized and return all of
the documents to the Planning Office in the Inter-Department routing envelope for their protection.
Finding that all required subdivision improvements will not be installed prior to the filing of this
final plat, the applicant has elected to execute an Improvements Agreement and provide the necessary
financial guarantee to complete said improvements. Staff’s summary review provided below addresses
the conditions of preliminary plat approval outlined in the attached Findings of Fact and Order signed
January 8, 2007.
Based on staff finding the final plat application complete on August 24, 2009, and meeting the
Wednesday deadline of August 26, 2009 for consideration of final plat review and approval, and further
finding that the application was deemed complete on Wednesday, August 26, 2009, the 45-day (working
days) review period for this final plat would expire on October 29, 2009. The conditions of preliminary
plat approval, which are pertinent to this phase, and how they have been met, follow.
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. A 40 foot wide public access and utility easement was reviewed
and approved by the City Engineer’s Office and Planning Office on December 19, 2006 to address
the intend of said condition.
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.
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.) The applicant notes that storm water
retention/detention facilities will not impact or encroach into the watercourse setback with
improvements for Phase 2.
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 with the filing of phase one covenants.
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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 for the first 29.39 acres
which includes phase two.
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 #4199 for final creation of SILD #709 for Phase Two was approved August 24, 2009.
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.
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.
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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.)
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
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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.
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
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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.
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.
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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. Said sidewalk is being addressed with the American Federal Savings Bank site plan review
project.
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.
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.
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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, recorded with the Final Plat for phase one.
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 association pursuant to Chapter 18.72 of the Bozeman Municipal Code. Document executed
and filed with the Final Plat for phase one.
· 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 $165,705.750 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.
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DS/dps
Attachments: Four (4) Mylar Final Plats and One (1) Blueline Copy
Full Final Plat Submittal
Original Platting Certificate
Findings of Fact and Order
Copy of Improvements Agreement & L.O.C.
cc: Planning File No. P-09008
Debbie Arkell, Director of Public Service with copy of plat.
Deanna Shannon, SID Accounting Clerk with a copy of plat.
Jerry Perkins, c/o PT Land, 511 North Wallace Avenue, Bozeman, MT 59715-5757.
Kevin Jacobsen, c/o Morrison-Maierle, Inc., 2880 Technology Blvd. West, P.O. Box 1113,
Bozeman, MT 59771-1113
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