HomeMy WebLinkAboutAuthorize Director of Public Service to execute approval of the final plat, Norton East Ranch major subdivision.pdf
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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 Norton East Ranch Major Subdivision, Phase 1 - #P-10010
MEETING DATE: December 20, 2010
AGENDA MEETING ITEM: Consent Agenda Item
RECOMMENDATION: That the City Commission approves the Final Plat for Norton East Ranch
Major Subdivision, Phase 1 to subdivide approximately 21.453 acres and create 35 single family
dwelling lots, 4 multi-family residential lots, and the remaining area as open space, public streets and
alleyways, and public parklands and authorize the Director of Public Service to execute the same on
behalf of the City of Bozeman.
RECOMMENDED MOTION: Authorize the Director of Public Service to execute approval of the
final plat application for the Norton East Major Subdivision, Phase 1 on behalf of the City of Bozeman.
BACKGROUND: On January 22, 2008 the City Commission conditionally approved this Preliminary
Plat application to divide approximately 47.77 acres into 30 single-household residential lots, 6 two-
household residential lots, 15 multi-family residential lots, 1 neighborhood center, 73 attached single
household lots, including restricted size lots and workforce housing lots and the remaining area as public
parks, open space, streets and alleys. The subject property is generally situated between West Babcock
Street and Fallon Street, and west of Cottonwood Road and is legally described as a tract of land located
in the NE ¼ SE ¼, NE ¼ SW ¼, and the SW ¼ NE ¼ of Section 9, Township 2S, Range 5E, PMM, City
of Bozeman, Gallatin County, Montana. The final plat application was deemed complete on November
15, 2010, 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 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.
Commission Memorandum
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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: Requirements for parkland dedication as part of this application has been met for
phase one. 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 December 10, 2010
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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
NORTON EAST RANCH MAJOR SUBDIVISION, PHASE 1
PLANNING FILE NO. P-10010
DATE: NOVEMBER 24, 2010
UPDATED DECEMBER 9, 2010
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Sanderson Stewart has made application to the Planning Office for Final Plat review and
approval for Norton East Ranch Subdivision, Phase 1, being a multi-phased, residential subdivision
located on the south side of West Babcock Street extended, north side of Fallon Street extended, and
approximately one-half mile west of North Cottonwood Road.
On January 22, 2008, the City Commission granted preliminary plat approval to subdivide 47.77
acres, located west of Cottonwood Road between future extensions of Fallon Street and West Babcock
Street, into 30 single-household residential lots, 6 duplex single household lots, 15 multi-household
residential lots, 1 neighborhood center, 73 attached single household lots, including restricted size lots
and workforce housing lots and the remaining area as parks, open spaces, streets and alleys. 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 March 3, 2008.
The developer has applied for final plat review and approval of Norton East Ranch 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 facility landscape,
open space, parkland improvements and street light installation). 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 mylars of the Final Plat, original Platting Certificate, copy of Improvements
Agreement and a “No Build” restriction are attached. The Improvements Agreement will be recorded
and filed with the final plat at the Clerk and Recorder’s Office. There will be a “No Build” restriction
necessary with the recording of this final plat until the punch list for the sanitary sewer lift station
associated with this phase is completed and approved by the City of Bozeman.
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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 will provide the Planning Office with the necessary
financial guarantee by no later than Friday, December 17th to guarantee completion of the remaining
subdivision improvements required with this final plat.
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 November 15, 2010 for final
plat review and approval, and having met the application deadline of 5:00 P.M. on Wednesday,
November 10, 2010, and further finding that the application was deemed complete on Tuesday,
November 16, 2010, the 45-day (working days) review period for this final plat would expire on
January 18, 2011. 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 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 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. The applicant has provided staff with an executed Improvements
Agreement and the financial guarantee will be submitted to this office by no later than Friday,
December 17th.
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
have 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.
Said written narrative, exhibits and documents are included in the attached notebook addressing
the conditions of approval provided by the applicant.
3. Subject to the review and recommendation of the Recreation and Parks Advisory Board, the Parks
and Recreation Superintendent and final approval by the City Commission the proposed parkland
dedication requirements shall be met for this subdivision. Documentation of satisfaction of parkland
dedication requirements in accordance with Section 18.50.020 of the BMC shall be provided. A
table showing the computed park areas shall be included on the final plat pursuant to Section
18.78.070.D of the BMC. This table shall include but is not limited to detention/retention areas,
watercourse, wetlands, watercourse setbacks, park land, and total area.
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The Recreation and Parks Advisory Board recommended approval of the park master plan at their
monthly meeting of September 3, 2010 to the City Commission who approved the park plan at
their regular scheduled meeting of September 27, 2010.
4. .28 acres of additional dedicated parkland shall be provided either: onsite, offsite, or cash in lieu.
Adequate dedicated parkland has been provided with this phase. The applicant proposes to
address the remainder of required parkland with the filing of the phase two of the subdivision.
5. All dedicated park lands including linear parkways shall be titled “Public Park” on the final plat.
Notes shall be included on the plat describing ownership and maintenance responsibility for both the
park and open space areas, (e.g. public park, dedicated to the city and maintained by the
homeowners association and/or future Park Maintenance District, etc.).
All public parks are so noted on the final plat with a notation that they will be maintained by the
homeowner’s association.
6. Dedicated park land shall have frontage along 100 percent of its perimeters on public or private
streets, unless otherwise noted and as reviewed and permitted under Section 18.50.060 through the
construction of pedestrian access, off street parking and improvements within the park area as
approved in the respective final park plan(s). This further implies that all streets adjacent to parkland
for each phase of the major subdivision must be improved with said phase.
As noted previously the Recreation and Parks Advisory Board and City Commission approved the
park master plan that includes public parkland in phase one with 100 percent frontage on
dedicated rights-of-way.
7. The Final Park Plan(s) shall include:
a. Current and future site plan(s) for the entire property with the current plan showing
developer installed improvements and the future plan showing any planned improvements not
intended to be installed by the developer;
b. The location of watercourse setbacks, wetland delineation, and wetland fringe;
c. Park landscaping plan, prepared by a qualified landscape professional in accordance with
§18.78.100 for all parkland areas including linear parkways;
d. Trail design and construction showing compliance with adopted City standards and trail
classifications;
e. The requirement for a preconstruction meeting prior to any site work, including
boardwalks, bridges, and trails;
f. Appropriate sections from the “Design Guidelines for City of Bozeman Parks”;
g. Cost estimate and installation responsibility for all improvements;
h. A neighborhood gathering place (pavilion, community building, wetland interpretation
and viewing platforms, etc.) and playground equipment in the Neighborhood Center in addition
to the standard requirement for boulevard street trees, irrigation, seeding, sidewalks, etc.
i. A notation that a building permit will be required for any structural improvements
including bridges, boardwalks, and shelter structures.
j. Parking area, design and construction drawings showing compliance with adopted City
standards including ADA parking and signage.
Said approved park master plan has addressed said provisions listed above.
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8. Sidewalks along park land should be constructed to a six foot width to accommodate snow removal
equipment.
The applicant has installed a 10-foot wide meandering sidewalk along the public park and 6-foot
wide sidewalks along the open space areas in phase one.
9. The subdivider in consultation with MDT, the City of Bozeman, and Streamline Transit shall locate,
design, and construct a transit stop with seating, lighting, a bike rack, and a shelter at the
Neighborhood Center per section 18.44.120 of the Bozeman Municipal Code.
Said transit stop will be constructed with phase two of the major subdivision.
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 43, Block 14 have been met for 12 dwelling units, at the
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.
Said parkland dedications required with phase one is provided on the final plat.
11. Fences located in the front, side or rear yard setback of properties adjacent to any park or open space
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 home owner’s association documents.
Page 12 of the HOA documents outlines provisions for yard fences.
12. The subdivider shall provide a subdivision perimeter fencing plan to be implemented prior to final
plat. The plan shall include plans and specifications to fence the perimeter of the project including
the southern boundary of the right-of-way for Fallon Street, the north boundary of the right of way of
W. Babcock Street, the west boundary of the right of way for Laurel Parkway.
Existing agricultural perimeter fencing currently exists around the subdivisions. Provisions in
the HOA documents for the repair, upkeep and maintenance of the existing perimeter fencing are
provided. The HOA documents shall also note that any replacement of the existing agricultural
fencing shall be comply with City standards and shall be approved prior to replacement.
13. Hard Luck Street shall be extended east to the east property boundary of the subdivision through Lot
1 in order to provide adequate access to undeveloped land.
Hard Luck Street, now identified as Dragon Fly Street on the final plat is constructed to the east
to where it will terminate at the dedicated parklands.
14. Buildings constructed on lots along West Babcock Street, Laurel Parkway, and Fallon Street shall
either front onto those roadways and/or have double-front architectural features facing those roads as
found on the front of the dwellings units, for example; end gables, covered porches, varied roof
lines, multiple façade materials, varied façade plane, and decorative lighting. These architectural
requirements shall be addressed and demonstrated in the covenants/development guidelines. The
homeowner’s association documents shall also specify that a maximum 4’ tall fence, with
coordinated design detail, is permitted along the back of these lots.
Page 11-12 of the HOA documents discuss said architectural features.
15. All finished floor elevations be a minimum of 18 inches above the top of the curb in front of the
residence or building. This building restriction shall be addressed and demonstrated in the
covenants/development guidelines.
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Page 4 of the HOA documents addressed the minimum finished floor elevations.
16. All lots that have access to an alleyway shall use the alley for access to the lot, no driveway access
from the street is allowed. This access restriction shall be addressed and demonstrated in the
covenants/development guidelines.
Page 8 of the HOA documents notes said access restriction.
17. Trees may not be located within 10 feet of sewer and water services. Sewer and water services shall
be shown on the landscaping plan of the park and open space plan, and approved by the
Water/Sewer Superintendent.
Cashman Nursery has confirmed placement of all required landscape improvements for parkland
and open space improvements and those improvements not installed are financially guaranteed.
18. Homeowner’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.
Page 10 of the HOA documents address said boulevard street tree installation.
19. 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.
The City Engineer’s Office has reviewed and approved the street lighting plans. Said street lights
have been financially guaranteed and are scheduled to be installed upon delivery.
20. 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.
The two SILD districts associated with this subdivision have been approved and adopted by the
City Commission.
21. 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.
The applicant notes that no historical, cultural and/or archeological materials were discovered
during construction activities for this phase.
22. 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 written narrative indicates that no species of concern was discovered during
construction of phase one.
23. The proposed lift station shall be designed and built to accommodate the sewer capacity of the full
development. However, the wastewater output from the lift station shall be limited to the amount
allocated in the 1998 Valley West Sewer Report (192,816 gpd) until the trunk sewer main as shown
in the 2007 Wastewater Facilities Plan is installed. The lift station will be owned and operated by the
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City. Maintenance costs will be paid for by the homeowners by way of a surcharge on their sewer
bill.
The lift station and provisions of limited output has been completed, reviewed and approved by
City staff. However, the lift station is pending access to private utilities from NorthWestern
Energy to service the subdivision. As a result, a “No Build” restriction will be filed with the final
plat until this has been addressed and is operable.
24. Design of the lift station, including the building, will be reviewed and approved by the City
Engineering and Water/Sewer Departments. The lift station shall include a SCADA system
compatible with the City’s existing system. The lift station shall also include backup power capable
of running the entire station including all pumps.
As noted, a “No Build” restriction will be filed with the final plat until the lift station is fully
operational until final approval by City staff.
25. A master plan and the sanitary sewer main layout for the portion of the development west and south
of Phase I shall be provided. If a sanitary sewer main and/or stubs are necessary in Laurel Parkway,
from Fallon Street to West Babcock Street, they are to be provided in this phase.
The City Engineer’s Office has reviewed the sanitary sewer master plan and required the
necessary sewer mains necessary for phase of this major subdivision.
26. The lift station shall be located outside of the Baxter Creek 100 year floodplain.
The lift station is located outside of the Baxter Creek 100 year floodplain.
27. An all-weather access must be provided to the lift station. The access, lift station, and force main
must either be on separate lots dedicated to the city, or contained within easements.
Said all-weather access and easements have been provided for the lift station with this phase.
28. Any air relief valves on the sewer force main shall be accessible by the City’s flusher truck. This
may require turnout(s) to be constructed at the location of the valves.
The applicant notes that all air relief valves have been provided and are accessible.
29. Any public street rights of way for which easements have been provided (i.e. Laurel Parkway) shall
be dedicated to the City on the Final Plat for this subdivision.
All pubic streets with this phase have been dedicated in street rights-of-way as noted on the final
plat. Laurel Parkway will be constructed and dedicated with phase two.
30. 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.
All street sections and boulevard sidewalks have been reviewed and approved by the City
Engineer’s Office.
31. City standard curb, gutter and sidewalk shall be provided along all streets in the subdivision. 6 ft
wide sidewalk will be required in the standard location adjacent to park land. The trail and sidewalk
may be combined into one facility that is 10 ft wide and constructed of concrete. The combined walk
may vary from the standard location (i.e. meander), but at the furthest, shall be no more than 15 ft
from the right-of-way.
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All City streets required with this phase have been constructed along with all sidewalks fronting
public parkland. Pedestrian trails and individual subdivision lot sidewalks will be financially
guaranteed with the filing of the final plat.
32. The trails shall connect to pedestrian ramps at the intersections or approved mid-block crossings.
Required trials with phase one will connect to pedestrian ramps, have been financially guaranteed
and will be installed within one year of the filing of the final plat.
33. 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 City Engineer’s Office has reviewed and approved the schematic signage plan for this major
subdivision
34. West Babcock Street, from Cottonwood Road to the eastern property boundary, would be required to
be improved to collector standard, as shown in the Greater Bozeman Area Transportation Plan 2001
Update, prior to issuance of any building permits for the development. Fallon Street, from
Cottonwood Road to the eastern property boundary, would be required to be improved to local
standard, as shown in the Greater Bozeman Area Transportation Plan 2001 Update, prior to issuance
of any building permits for the development. Laurel Parkway and West Babcock Street, along and
within the property boundary, shall be improved, as part of this development, to collector standard as
shown in the Greater Bozeman Area Transportation Plan 2001 Update. Fallon Street, along and
within the property boundary, shall be improved, as part of this development, to local standard as
shown in the Greater Bozeman Area Transportation Plan 2001 Update. City standard curb and
gutter, and 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.
West Babcock Street and Fallon Street have been constructed to the standards contained in the
Greater Bozeman Area Transportation Plan 2001 Update as reviewed and approved by the City
Engineer’s Office.
35. Cottonwood Road is designated as a Principal Arterial in the Greater Bozeman Area Transportation
Plan. The applicant is advised the remaining half of this facility along the entire length of the
development, from West Babcock Street to Fallon Street, would be required to be constructed prior
to issuance of any building permits for the development.
Cottonwood Road between West Babcock Street and Fallon Street has been constructed as
required by the City Engineer’s Office and the 2001 Transportation Plan Update.
36. A joint access shall be provided at Lots 123 and 124, Block 1, at Lots 121 and 122, Block 2, and at
Lots 118 and 119, Block 2, that lines up with the respective alley to the south.
This condition does not apply to phase one and will be addressed with future phases.
37. A 1 foot no access easement shall be shown on the final plat along the entire frontage of West
Babcock Street and Laurel Parkway.
Said one-foot “no access” easement is noted on the final plat.
38. The driving surface on the alley typical section shall be a minimum of 16 ft wide.
The alley driving surface was installed at a width of 16 feet.
39. Provide 10 ft minimum clearance from the fire hydrants to street lights, junction pedestals, and signs.
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Said 10 feet of clearance is provided between fire hydrants and street lights, junction pedestals
and signs as reviewed by the City Engineer’s Office.
40. All retention/detention ponds shown within the right-of-way shall be relocated outside of the right-
of-way and a temporary or permanent storm drainage easement provided.
The City Engineer’s Office notes this requirement has been met.
41. The E-W greenway trail along Wayward West shall be a 10’ or 12’ meandering concrete shared use
path in lieu of sidewalk.
The greenway trail along Wayward, now May Fly Street, will be constructed to a width of 10 feet.
42. 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.
All stormwater facilities are designed as non-geometric basins and the landscape improvements
will be financially guaranteed to be completed within one year of the filing the final plat.
43. The boardwalk trail through the north end of wetland W-5 and the two viewing platforms shall be
constructed at least 24 inches above the ground surface to preserve the wetland vegetation.
The boardwalk is scheduled to be completed with future phases of the subdivision.
44. Place educational placards along the boardwalk and on the viewing platforms.
Said improvements will be installed with future phases.
45. The WRB shall be notified and invited to attend a preconstruction meeting prior to the construction
of any platforms or boardwalks.
The applicant so notes that the WRB will be notified prior to construction of any 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)
Norton Properties, LLC, 63026 NE Lower Meadow Dr., #200, Bend, OR 97701
Norton Properties, LLC, c/o Kevin Spencer, 2464 SW Glacier Drive, Redmond, OR 97701
Sanderson Stewart, c/o Patrick Davies, 106 E. Babcock Street, Bozeman, MT 59715
Planning File No. P-10010
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