HomeMy WebLinkAboutJ & D Major Subdivision final plat.pdf Commission Memorandum
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REPORT TO: Honorable Mayor& City Commission
FROM: Tim Cooper, Assistant City Attorney
Tim McHarg, Director, Planning and Community Development
Chris Kukulski, City Manager
SUBJECT: Final Plat for J &D Family Major Subdivision, Phase 1 -#P-10012
MEETING DATE: November 15, 2010
AGENDA MEETING ITEM: Consent Agenda Item
RECOMMENDATION: That the City Commission approves the Final Plat for J & D Family Major
Subdivision, Phase 1 to subdivide approximately 39.21 acres and create 4 community commercial lots, 2
common area lots, 1 future neighborhood commercial lot, 1 residential high density remainder lot for
further subdivision, and the remaining area as open space, public streets, and future parklands and
authorize the Director of Public Service to execute the same on behalf of the City of Bozeman.
BACKGROUND: On May 17, 2010 the City Commission conditionally approved this Preliminary Plat
application to divide approximately 39.21 acres into 1 neighborhood commercial lot, 4 community
commercial lots, 2 common area lots, I residential high density remainder lot for further subdivision and
development, and the remaining area as open space, public streets, and future parklands. The subject
property is generally located at the southwest corner of the intersection of North Cottonwood Road and
West Babcock Street, and is legally described as tracts of land located in the NE '/4 SE '/4 excepting
therefrom a strip of land 14' in width off the east side of said NE '/4 SE '/4 all in Section 9, Township 2S,
Range 5E, PMM, City of Bozeman, Gallatin County, Montana. The final plat application was deemed
complete on October 12, 2010, and staff has concluded all terms and conditions of preliminary plat
approval have been met.
Staff has concluded that 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 state subdivision law 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.
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Attached is a memorandum from Dave Skelton, Senior Planner, delineating how the conditions of
preliminary plat approval have been satisfied. The County Treasurer has certified, by signing the mylars,
that all real property taxes and special assessments have been paid.
UNRESOLVED ISSUES: None determined at this time.
ALTERNATIVES: 1) Approve the final plat as presented and recommended.
2) Deny the final plat.
FISCAL EFFECTS: As this phase of the subdivision is to create four community commercial lots with
no residential component, and is for the purpose of constructing four automobile dealerships as allowed
under the "B-2" (Community Business District) zoning district, there is no requirement for parkland
dedication as part of this application. City sewer and water connection fees, and applicable impact fees
will be collected for the new services when a building permit is issued for each of the four lots.
Attachments: Planning Staff s Summary Review
Final Plat application materials
Report compiled on October 22, 2010
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CITY OF BOZEMAN
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPME
Alfred M.Stiff Professional Building phone 406-582-2260
20 East Olive Street fax 406-582-2263
P.O. Box 1230 planning@bozeman.net
Rn7Pman AAnntnna 5g771-1?Rn 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
J & D FAMILY MAJOR SUBDIVISION,PHASE 1
PLANNING FILE NO. P-10012
DATE: OCTOBER 11, 2010
UPDATED OCTOBER 18, 2010
UPDATED OCTOBER 22, 2010
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Big Sky Land Consulting has made application to the Planning Office for Final Plat review and
approval for J & D Family Major Subdivision, Phase 1, being a four-lot, commercial subdivision
located on the south side of West Babcock Street, north side of Fallon Street, and west of North
Cottonwood Road.
On May 17, 2010, the City Commission granted preliminary plat approval to subdivide 39.21±
acres and create 1 neighborhood commercial lot, 4 community commercial lots, 2 common area lots, 1
residential high density lot for further subdivision and development, and the remaining area as open
space, public streets and future parklands. Staff s summary review addresses the conditions of
preliminary plat approval outlined in the Findings of Fact and Order. Attached is a copy of the signed
Findings of Fact and Order dated July 19, 2010.
The developer has applied for final plat review and approval of J &D Family Major Subdivision,
Phase 1 electing to financially guarantee a portion of the required subdivision improvements for said
phase (i.e., sidewalks, street boulevard landscape, storm water facilities, open space, and watercourse
landscape improvements). Based on the summary review provided below, the Development Review
Committee, City Engineering's Office and Planning Department have reviewed the application against
the conditions of preliminary plat approval; and as a result, find that final plat application may be
granted approval by the City Commission.
Four (4) original molars of the Final Plat, original Platting Certificate copy of Improvements
Agreement and Financial Guarantee are attached. The Improvements Agreement will be recorded and
filed with the final plat at the Clerk and Recorder's Office. There will not be a "No Build" restriction
necessary with the recording of this final plat.
planning • zoning • subdivision review e annexation . historic preservation • housing . grant administration . neighborhood
coordination
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. The applicant has already provided the necessary financial guarantee to
guarantee completion of the remaining subdivision improvements required with this final plat (see
attached copy).
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.
Based on the applicant having submitted a complete application on October 6, 2010 for final plat
review and approval, and further finding that the application was deemed complete on Tuesday, October
12, 2010, the 45-day (working days) review period for this final plat would expire on December 17,
2007. The conditions of preliminary plat approval, which are pertinent to this phase, and how they have
been met, follows.
1. 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 PIat 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 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.
All required documents to file the final plat have been provided. Attached please find four (4)
mylar final plats, original Platting Certificate, and copies of all applicable documents and exhibits
necessary for your review.
2. 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 and noted code provisions
listed in the staff report have been satisfactorily addressed, and shall include a digital copy (pdf) of
the entire Final Plat submittal. This narrative shall be prepared in sufficient detail to easily direct the
reviewer to the appropriate plat,plan, sheet,note, covenant, etc. in the submittal.
Said written narrative, exhibits and documents are included in the attached notebook addressing
the conditions of approval provided by the applicant.
3. The final plat shall show two distinct blocks and grouping of lot numbers using Automotive Avenue
as a dedicated street that bisects the property from north to south and creating two appropriate blocks
with individual groups of lots.
The final plat has been prepared accordingly.
4. The applicant shall provide with the final plat application an updated utility plan exhibit confirmed
by NorthWestern Energy that shows the placement of all private utilities in relationship to the
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construction of street boulevards and sidewalks along West Babcock Street, Fallon Street and North
Cottonwood Road to determine the final placement of all boulevard trees. The final landscape plan
for street boulevard trees shall reflect the location of all unities verified by NorthWestern Energy to
avoid installation of boulevard trees over public and private utilities.
The landscape plans illustrate the type, location and placement of boulevard trees along the public
streets. The plan also includes a notation that verifies the placement of boulevard trees along
North Cottonwood Road to be on the inside edge of the boulevard sidewalk and outside the utility
easement, and that the boulevard trees will be in addition to the site related improvements
proposed with each dealership lot.
5. The 100-year flood plain, wetlands, and water course setback boundaries (i.e., boundary only) must
be delineated on the final plat application.
Said boundaries are delineated on the final plat.
6. The landscape plan, Exhibit Ll shall be revised to provide appropriate reference symbols and data as
outlined in 18.78.100.13 and 18.78.100.0 BMC as required for each individual species type of
boulevard trees and plantings proposed along the public streets, storm water facilities, mitigation of
Baxter Creek watercourse, and open space lots.
A landscape plan for placement and location of the boulevard trees, watercourse landscape, storm
water facilities and common areas have been provided as called for.
7. Landscape plans to improve the street median for North Cottonwood Road will need to be
landscaped and properly irrigated according to the Transportation Plan and Superintendent of
Streets. Typical landscape plans prepared by a certified nurseryperson will be necessary for review
and approval by the Street Department prior to submitting for final plat approval.
The landscape plans for North Cottonwood Road have been reviewed and approved by the
Superintendent of Streets.
8. Water rights, or cash in-lieu thereof, shall be provided and paid for prior to final plat review and
approval for each phase. If the final plat of the subdivision is filed in phases, water rights, or cash
in-lieu thereof will only be required for each phase of the subdivision that is being filed. The
applicant shall provide payment of the calculated cash in-lieu of water rights based on an amount
determined by the Director of Public Service.
Cash in-lieu of water rights was paid to the City Engineer's Office on October S, 2010.
9. The property owner's association documents shall contain language stating that all finished floor
elevations shall be a minimum of 18 inches above the top of the curb in front of each residence
building. This building restriction shall be addressed and demonstrated in the
covenants/development guidelines.
Said property owner's association documents include language relative to the finished floor
elevation with respect to the street curb height.
Page 3
10. That the final plat contain a notation stating that all downstream water user facilities will not be
impacted by this subdivision and that it also be noted accordingly in the by-laws and protective
covenants for the property owners' association.
Notation is provided on page two the final plat.
11. That the final plat contain the following language that is readily visible with lettering, at a minimum
height of 3/16-inch, placing future landowners of individual lots on notice of the presence of high
groundwater in the area of the subdivision for review and approval by the Planning Office:
"Due to the potential of high ground water tables in the areas of the subdivision, it is not
recommended that residential dwellings or commercial structures with full or partial basements
be constructed without first consulting a professional engineer licensed in the State of Montana
and qualified in the certification of residential and commercial construction."
Notation is provided on page two of the final plat
12. The applicant shall provide a Class II public pedestrian and bicycle trail within a 30-foot wide public
access easement that connects Cottonwood Road with the future public trail corridor along Baxter
Creek. The final class and location of the trail, and possible need for a bridge, shall be determined
by the City of Bozeman Parks Department and Recreation and Parks Advisory Board prior to
submitting a final plat application.
Said trail improvements have been financially guaranteed and will be constructed within two
years of the filing of the final plat.
13. That the existing Baxter Ditch situated at the southwest corner of the intersection North Cottonwood
Road and West Babcock Street (also jurisdictional wetlands #4) shall not be culverted without
proper permitting by the Army Corps of Engineers and Soil Conservation District. Should the Army
Corps and the Soil Conservation District determine that this section of Baxter Ditch may not be
culverted the final plat shall provide a 50-foot watercourse setback from the highwater mark of the
watercourse and any associated wetlands, unless a variance is granted by the City Commission.
This will be addressed with the filing of the final plat for Lot 3, Block I as phase two and part of
the site plan review for development of the future neighborhood commercial lot
14. 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.
Said street lights have been reviewed and approved by City staff.
15. Subdivision lighting SILD information shall be submitted to the Clerk of Commission 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.
Said SILD was approved by the City Commission on September 13, 2010.
16. Should historical, cultural and/or archeological materials be inadvertently discovered during
construction of this project, the State Historical Preservation Office (SHPO) and the Bozeman
Historic Preservation Office shall be contacted immediately and construction activities shall cease.
Page 4
The applicant is so notified and made aware of protection of any sightings related to historical
findings.
17. Should any species of concern, as defined by the Montana Natural Heritage Program, be discovered
on-site during construction, the Montana Department of Fish, Wildlife and Parks and the Montana
Natural Heritage Program shall be contacted immediately and construction activities shall cease.
The applicant is so notified and aware of the condition, and will adhere to the condition with
existing or future construction activities on the site.
18. Property owner's association documents shall address the requirements for street trees, a City of
Bozeman planting permit for street trees and obtaining utility locates before any excavation begins in
the City of Bozeman right-of-way. The covenants 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.
Article II, Paragraph E,Section 3, Page 6 contains said street tree requirements.
19. Should the applicant propose subdivision perimeter fencing or fencing along the Baxter Creek
corridor, open space areas, or public rights of way the subdivider shall provide a subdivision
perimeter fencing plan to be implemented prior to final plat approval. The plan shall include plans
and specifications to fence the perimeter of the project including the northern boundary of the right-
of-way for Fallon Street, the southern boundary of the right of way of W. Babcock Street, west
boundary of the right of way for Cottonwood Road, and the perimeter of the open space areas
associated with the Baxter Creek corridor.
No fencing is proposed with phase one of this major subdivision. All future fencing must be
approved by the City of Bozeman in advance of any proposal for said improvements.
20. Fences located in the front, side or rear yard setback of properties adjacent to any park or open space
areas shall not exceed a maximum height of 4 feet, and shall be of an open construction designed in
a manner to be consistent along all park land and open space areas. This requirement with
appropriate exhibits of fence types shall be addressed and illustrated in the property owner's
association documents.
The above comments provided in condition #19 also apply to this condition. Article II, Paragraph
D, Section 8, Page S of the protective covenants and restrictions address the 4-foot height
limitation.
21. The applicant shall ensure that all original tract(s) of record of this property that are or through the
phasing of this subdivision will become remainder tract(s) of less than 160 acres were not created for
purposes of transfer, and that no transfer or conveyance of said tracts will occur prior to filing of a
subdivision plat reviewed and approved by the City of Bozeman. The evidence shall be in a written
form to be filed with the final plat. An executed document shall be submitted with the final plat. The
tract(s) shall be legally described and the following statement shall be placed on the tract(s):
"No instrument of transfer of this tract may be recorded prior to filing of a subdivision plat
reviewed and approved by the City of Bozeman".
Said statement is provided on page two of the final plat.
The lot identified as Tract R-1 on the preliminary plat is considered a lot for further subdivision and
therefore shall be identified on the final plat as Lot R-1 with the restriction that no transfer or
development may occur without further subdivision review.
Page 5
Said Lot R-1 is noted accordingly on the final plat along with the statement required with this
condition.
22. The east half of Cottonwood Road including any required utility extensions shall be constructed
along the frontage of the subdivision including tapers meeting AASHTO requirements to transition
back to the existing road width. The typical section shall mirror the existing western half. All
improvements to Cottonwood Road except the lighting shall be completed in their entirety with
phase 1 of the development with the lighting to be completed in their entirely in phase two.
East half of Cottonwood Road has been completed and street lights have been financially
guaranteed with the Norton East Ranch Subdivision. Median landscape improvements for North
Cottonwood Road have been financially guaranteed with this phase of J & D Family Major
Subdivision.
23. The south half of Babcock Street along with the required utility extensions shall be improved to the
45' BC to BC Collector standard matching the section approved for the Norton Subdivision along
the entire frontage of the subdivision. Improvements to Babcock Street shall be completed from
Cottonwood to the western line of the common open space lot with phase 1 of the development.
South Half of Babcock Street was constructed with the Norton East Ranch Subdivision, Phase On.
24. Fallon Street and Automotive Avenue shall be improved to a local street standard along the entire
frontage of the subdivision. Fallon between Cottonwood and Automotive, and Automotive in its
entirety shall be constructed with phase 1 of the subdivision.
Both local streets are constructed as required by the City Engineer's Office.
25. Access to the lots from Cottonwood and Babcock shall be limited in accordance with 18.44.090.D.
Full accesses on Babcock shall be spaced a minimum of 330', and partial accesses 150'. Full
accesses on Cottonwood shall be spaced a minimum of 660', and partial accesses 315'. Accesses on
either Babcock or Fallon shall be a minimum of 150'from Cottonwood. No access strips shall be
placed on the plat to delineate the acceptable areas for future access.
Said street egress/ingress points described by the City Engineer's Office are so noted by the
applicant and the applicable "no access"stripsprovided on the final plat.
26. The water main in Babcock shall be a minimum of 12" diameter in accordance with the Water
Facility Plan.
Said 12-inch main was completed with the Norton East Ranch Subdivision, Phase 1.
Recreation and Parks Advisory Board:
27. That the applicant installs a Type II class east-west public trail and bridge cross Baxter Creek
connecting the commercial lots with residential development to the west. Final location and design
will be determined by the City of Bozeman Parks Department and the Recreation and Parks
Advisory Board with the final plat application, located within a 30-foot public access easement, and
comply with City of Bozeman Parks Division specifications and standards.
The Type H gravel fines trail is financially guaranteed and scheduled to be completed within two
years offiling the final plat.
Gallatin Valley Land Trust:
28. Should the subdivider plan to install fencing along the east side of the Baxter Creek open space
Page 6
corridor it is recommended that the alignment of the jogged lot line for Lot 3 and Lot 4 of Phase 2 be
adjusted to create a straight line in order to broaden the greenway trail corridor along the
watercourse corridor.
No fences are proposed with phase one of the subdivision. Any future proposal for fences must be
approved by the City of Bozeman in advance of construction.
Wetlands Review Board:
29. The WRB shall be notified and invited to attend a preconstruction meeting prior to the construction
of any bridges,platforms or boardwalks.
The applicant acknowledges notification to schedule a preconstruction meeting with the WRB for
any improvements associated with jurisdictional wetlands.
30. All stormwater basins/detention ponds within the subdivision shall be naturalized by creating
irregularly-shaped basins, vegetating with native grass/emergent wetland and woody species, and
limiting the use of rock in the bottom of the basins.
The applicant so notes the design standards for any storm water facilities.
31. The WRB shall be notified and invited to attend a preconstruction meeting prior to the construction
of any platforms or boardwalks.
The applicant acknowledges notification with any construction of platforms or boardwalks.
DS/dps
Attachments: Four(4)Mylar Final Plats and One(1)Blackline Copy
Applicant's Written Narrative and Binder
Original Platting Certificate
Copy of Improvements Agreement
Copy of Financial Guarantee
Copy of Findings of Fact and Order
Copy of the Property Owner's Association Documents
cc: Debbie Arkell, Director of Public Service (with copy of plat and memo from Andy Kerr)
Stacy Ulmen, Clerk of Commission(with copy of plat)
Big Sky Land Consulting, 5530 Burnt Road, Belgrade,MT 59714
Genesis Engineering,204 North 111h Avenue,Bozeman,MT 59715
J& D Family limited Partnership, 32 Kean Dr., Bozeman,MT 59718
Planning File No.P-10012
Page 7
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