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HomeMy WebLinkAboutAuthorize Director of Public Service to execute approval of the final plat, Norton East Ranch major subdivision.pdf 1 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 15 2 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 16 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 ------------------------------------------------------------------------------------------------------------------------------ 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 ------------------------------------------------------------------------------------------------------------------------------ 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. 17 Page 2 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. 18 Page 3 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. 19 Page 4 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. 20 Page 5 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 21 Page 6 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. 22 Page 7 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. 23 Page 8 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 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44