HomeMy WebLinkAbout12- Bridger Creek Subdivision Phase 1, final subdivision plat staff memorandum MEMORANDUM
TO: PAUL LUWE, CITY ATTORNEY
FROM: DAVE SKELTON, SENIOR PLANNER
RE: FINAL SUBDIVISION PLAT OF BRIDGER CREEK SUBDIVISION,
PHASE I
DATE: FEBRUARY 22, 1995
Attached please find four(4)mylars and four(4) clothbacks of Bridger Creek Subdivision,
Phase 1, the Platting Certificate prepared by Security Title Company,Improvements Agreement,
By-laws and Restrictive Covenants, and a Deed Restriction. Mr. Rex Easton, Golf Course
Partners Inc., has made application to the Planning Office for final subdivision plat review and is
requesting that the appropriate representatives of the City of Bozeman endorse their respective
certificates in order to file the final subdivision plat at the Gallatin County Clerk and Recorder's
Office.
The City Engineer, Director of Public Service and Planning Office have considered Mr.
Easton's request, and accepted the developer's request,to file the final subdivision plat without all
of the required improvements being installed. However,the attached Improvements Agreement
has been signed by the Developer and an appropriate financial guarantee will be submitted to the
Planning Office to guarantee the installation of improvements prior to the Planning Director
signing his certificate. Furthermore,the attached Deed Restriction will be filed with the
subdivision plat stipulating that no building permits will be issued by the City Building Department
until such time that all required improvements have been installed, certified and initially accepted
by the City of Bozeman.
Preliminary Plat approval for Phase I was granted by the City Commission on December
21, 1992, with twenty-seven(27) attached conditions of approval. The applicant and his
representative, Morrison MaierlelCSSA,have been working with the Planning Office, City
Engineer and Director of Public Service for past three months to satisfy all twenty-seven (27)
conditions of approval in order to file the final subdivision plat.
Enclosed you will also find a Deed Restriction which I have prepared from scratch with
assistance from Phill and Jack Schunke of Morrison-MaierlelCSSA,to guarantee that all future
lot owners of Bridger Creek Subdivision, Phase I,have been appropriately placed on notice and
that the developer agrees that no building permits will be issued until all required improvements
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have been installed, certified and initially accepted by the City of Bozeman. Please review the
Deed Restriction for appropriateness and inform me of any revisions, corrections or modifications
that you find necessary. I have reviewed the deed restriction with Phill and have revised it
according to his requests.
Following are the conditions of preliminary plat approval and an explanation of how the
conditions of approval have been addressed by the applicant for Phase I. The original Platting
Certificate,Improvements Agreement and Deed Restriction are rolled up in the Final Plat. The
Planning Office respectfully requests that you prepare a City Attorney's Certificate, approve
the Certificates of the Planning Director,Director of Public Service, Certificate of
Installation of Improvements, Certificate of local Governing Body, and Certificate of
Removal of Sanitary Restrictions "As to Form", and forward all to Phill for his signature.
Phill should also sign the Improvements Agreement, and then forward the documents and final
plat to me for Andy's signature.
Condition #1: That the final subdivision plat contain all required certificates and
appropriate language as required in Chapter 16.40 of the Bozeman Area Subdivision Regulations,
City of Bozeman version, and outlined in the staff report prior to Final Subdivision Plat approval.
The language and appropriate certificates have been revised and/or added by the applicant
to reflect the language and certificates requested by the Planning Office and Director of
Public Service, as well as the certificates set forth in Chapter 16.40. Please note that the
Certificate of Installation of Improvements was amended to indicate that either the
improvements were installed or guaranteed with an Improvements Agreement and
financial guarantee.
Condition #2: That the applicant provide documentation of written approval by the
Montana Department of Health and Environmental Sciences for water and sewer main extensions
prior to final subdivision plat approval.
The applicant has submitted documentation of receiving written approval from Kenneth A.
Cope of the Montana Department of Health and Environmental Sciences on August 23,
1994.
Condition #3: That the applicant provide plans and specifications for the water and sewer
main extensions, streets, and storm drainage systems prepared by a professional engineer for
review and approval by the City Engineer prior to final subdivision plat approval , and that the
applicant provide professional engineering services for construction inspection, post-construction
certification and preparation of mylar record drawings.
The City Engineer, Craig Brawner, formally approved the plans and specifications for the
water and sewer extensions in his memorandum of September 2, 1994. However,the
storm sewer improvements must be revised and approved by the City Engineer prior to
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proceeding with installation. Those improvements that have already not been installed will
be partially guaranteed by the Improvements Agreement and financial guarantee. The City
Engineer has confirmed the estimated cost for installation of improvements that has not
been installed.
Condition #A: That the infrastructure, including roadway base coarse, for the proposed
subdivision be in place prior to issuance of any building permits regardless of financial guarantees,
and that the developer's engineer provide a design report for the sewer and water systems which
shall include identification and evaluation of the Ultimate Design Service Area for the sewer and
water facilities prior to the final subdivision plat approval.
The roadway base coarse for all interior, local subdivision streets has been installed and
the design report submitted and reviewed for approval by the City Engineer's Office.
Condition #5: That the right-of-way and/or easements for all of the off-site water and
sewer lines, including interceptor easements,must be provided prior to filing of the final
subdivision plat.
The applicant has submitted the easements to the City Engineer's Office and Director of
Public Service, have been reviewed and accepted, and have been forwarded to the Clerk of
the Commission for filing. As the documents have been formally accepted, but not yet
filed, the Director of Public Service finds that the applicant has generally complied with
this condition.
Condition 6: That the proposed water line is connected by an effective loop to the
existing system of mains, and the sewer line(s)must be sized to accommodate the possible service
area for the main, and all sewer lines must be accessible for cleaning and maintenance operations.
The City Engineer, Director of Public Service, City Fire Marshall and Superintendent of
Water/Sewer have reviewed and approved the design of the looped water system. Note
that a majority of the water improvements and a portion of the sanitary sewer are not
installed and are guaranteed by the Improvements Agreement and financial guarantee.
Condition #7: That the July 15, 19$8, delineated 100-year flood plain must be depicted on
the final subdivision plat,that the environmental assessment evaluation of the flood plain must be
revised to address the current, 1988, F.I.R.M. maps, and that minimum finished floor elevations,
as defined in the City's floodplain ordinance, be identified for each individual lot on the final
subdivision plat.
The City Engineer's Office has determined that a 500-year flood plain exists on said
property, not a 100-year flood plain, and is delineated on the plat as approved by the City
Engineer's Office.
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Condition #8: That the forty (40) foot wide drainage easement be identified on the plat as
a continuous easement along Lots 37 through 41 prior to final subdivision plat approval.
The lot numbering for the subdivision plat has been revised to reflect those lots effected by
the drainage easement (i.e., #3, #4, #43 -#47). The location of the drainage easement on
the final plat has been reviewed and approved by the City Engineer.
Condition #9: That the applicant provide documentation of providing water rights or cash
in-Iieu of water rights to the City of Bozeman prior to final subdivision plat approval.
The applicant has paid the appropriate amount in-lieu of water rights and has been
received by the Director of Public Service.
Condition #10: That the intersection of Story Mill Road and Bridger Canyon Road be
analyzed through a formal traffic study by the applicant's engineer, taking into account the
fluctuation in seasonal traffic, for review by the City Engineer and Director of Public Service, and
if the level of service is predicted to drop below a level of Service "C", mitigative measures must
be taken by the applicant prior to final subdivision plat approval.
The Director of Public Service in his memorandum of January 5, 1995, commented that he
takes no exception to the applicant's traffic study and finds that no additional
improvements at the intersection are necessary with the filing of this phase of the
subdivision.
Condition #10A: That the existing bridge on Story Mill Road over Bridger Creek must be
reviewed and evaluated for possible widening and realignment and/or replacement by the
applicant on a fair share basis, that the evaluation shall be done at the applicant's expense by a
licensed engineer for review and approval by the County Bridge Superintendent, City Engineer,
Director of Public Service, and Superintendent of Water/Sewer, and in no circumstances will the
Final Subdivision Plat be filed until immediate threats to health and safety caused by any
substandard aspects of the bridge are adequately addressed
The above department heads have reviewed the structural evaluation prepared by
Morrison-Maierle/CSSA and have found that no improvements to the bridge are necessary
with the filing of this subdivision plat.
Condition #11: That the access onto Bridger Canyon Road, at Story Mill road and at the
east end of Tract E be approved by the Montana Department of Transportation, and that a fee
simple title to the sixty (60) foot wide right-of-way on Tract E be provided by surveying the
parcel for conveyance as right-of-way to the City of Bozeman prior to Final Subdivision Plat
approval.
Mr. Rob Bukvich, M.D.O.T., has commented that his department will approve the access
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upon approval of the approach by the City of Bozeman, which has been verified by the
City Engineer and Director of Public Service. As this condition was at the specific request
of the Director of Public Service and Planning Office, the applicant, Mr. Rex Easton,has
requested the condition to be modified as outlined in his letter of January 10, 1995 (see
attached copy). The Director of Public Service, City Engineer, and Planning Director
have reviewed the proposal and find that the revision would still maintain the intent of the
condition, which is do avoid creating a non-conforming lot on the remaining portion to the
property to the immediate west of the utility/roadway easement. Robin has verified that
the easement has already been filed at the Clerk and Recorder's Office.
Lanette Windemaker, is presently processing a minor subdivision plat application and
request for annexation of the Poncellet/Montana Ready Mix parcel (Tract E). With the
minor subdivision and annexation the above referenced utility/road easement is being
dedicated as right-of-way to the City of Bozeman and the remaining portion of the
property to the east of the right-of-way is being aggregated into the adjacent subdivision
lots to avoid the creation of a non-conforming lot.
Condition #12: That the access onto Bridger Canyon Road, at Story Mill Road and at the
east end of Tract E be approved by the Montana Department of Transportation prior to the
applicant proceeding with installation of sewer, water, streets and sidewalks for the proposed
subdivision.
Rob Bukvich, M.D.O.T.,has approved the both encroachments onto Bridger Canyon
Road with the understanding that the City of Bozeman has also approved the
encroachments. Phill and Craig have approved the locations as well.
Condition#13, That all street names, stop signs and any other required street or traffic
signing as required by the City Engineer shall be provided by the applicant prior to Final
Subdivision Plat approval.
The City Engineer and Superintendent of County Roads have reviewed and approved the
street name and location of all stop signs. The stop signs are being financially guaranteed
with the Improvements Agreement.
Condition #14® That the applicant install City standard streets (37 feet back-of-curb, curb
and gutter), within sixty(60) foot wide dedicated public right-of-way prior to final subdivision
plat approval, and that boulevard sidewalks shall be installed along both sides of the streets within
three(3)years of filing the final subdivision plat.
The dedicated public right-of-way will be dedicated with the filing of the subdivision plat
and the street and sidewalks are financially guaranteed with the Improvements Agreement.
Condition#15:, That the proposed open space/linear trail corridor be identified on the Final
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Subdivision Plat as a twenty (20) foot wide public open space/linear trail corridor easement and
that it provide public access across the private park to the western edge of the subdivision, that
the applicant install a six(6) foot wide gravel trail surface prior to Final Subdivision Plat approval,
and that the subdivision's property owner's association be responsible for weed control and
maintenance of the corridor.
The final plat references the necessary easement with Phill's request to reference it as an
open space "and" linear trail corridor easement. The gravel trail will be financially
guaranteed with the Improvements Agreement, and the covenants require weed control
and maintenance of the corridor trail.
Condition #16_ That the applicant incorporate into the covenants of the property owner's
association the specific weed control plan approved by the Gallatin County Weed Control Board
and working that will insure that the association will share with the owner of the adjacent
agricultural lands in the continued maintenance of any fences, for review by the Planning Office
prior to final subdivision plat approval.
The covenants include the approval of the Weed Control Board Chairman for the County
agency. Page six (6) of the covenants references weed control for all lots, private parks
and linear trail system. Page eight(8) of the covenants outline the shared responsibility of
maintaining adjacent agricultural fences.
Condition #17: That a public hearing be held,to include public notice to adjacent property
owners, before the Bozeman City-County Planning Board and Bozeman City Commission for
review and approval of the property owner's association Iandscape and architectural guidelines
prior to Final Subdivision Plat approval, and that the applicant provide the Planning Office with an
appropriate fee for notice of public hearing.
The Planning Board and City Commission held their respective public hearings, and on
September 19, 1994,the City Commission approved the guidelines, which will be filed
with the final subdivision plat.
Condition#18: That the proposed park land be identified on the final plat as "Private
Park"; that the park land, open space/linear trail corridor, and open space at the northeast corner
of the subdivision be identified as "Common Open Space"; and that they be deeded back to the
property owner's association for operation,maintenance and repair.
This condition has been addressed on the final plat and in the covenants.
Condition#19: That all parcels identified on the preliminary subdivision plat be identified
by a lot number rather than by tract, and that the two golf holes, Hole Nos. 6 and 7,be identified
on the final subdivision plat as an individual lot.
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The final plat notes the lots accordingly.
Condition 920: That the access roads across Tract E to the intersection with Bridger Creek
Drive and the cul-de-sac road be identified with street names, and that all proposed names for
subdivision roads be reviewed and approved by the City Engineer prior to Final Subdivision Plat
approval.
All streets have been identified by name and approved by the City Engineer, as well as the
County Road Superintendent.
Condition #21; That the applicant be required to install all required improvements to
Mclllhattan Road and Story Mill Road as required by the conditional use permit fir the 18--hole
golf course prior to Final Subdivision Plat approval.
The majority of the required improvements have been installed. However, the Director of
Public Service, County Road Superintendent, and City Engineer have agreed to financially
guarantee the remaining improvements due to the time of the year as part of the financial
guarantee in the Improvements Agreement.
Condition #22: That the applicant has completed annexation of the subject property into
the City of Bozeman and the application for the proposed zone map amendments have been
adopted by the City Commission prior to Final Subdivision Plat approval.
The subdivision has been formally annexed to the corporate limits with endorsement of the
Annexation Agreement by the City Manager and applicant in August of 1993, and the
Bozeman Area Zone Map amended to reflect the approval of the application by the City
Commission.
C9nditi n #23: That the Bozeman City Commission be made a third party to any revisions,
corrections or modifications to the protective covenants of the property owner's association
documents.
Page 18, Article VII, Section 4 of the covenants require the mutual consent of the City
Commission to revise, correct or modify the protective covenants.
Condition #24: That the applicant provide the necessary dedicated right-of-way for Story
Mill Road, not to be less than a total of sixty (60) feet wide, as required by the City Engineer and
County Road Superintendent, and that it be noted on the final plat prior to Final Subdivision Plat
approval.
The intent of this condition was for the applicant to dedicate one-half of the full sixty (60)
feet, or the thirty (30) feet of right-of-way as noted on the final plat for all portions of the
subdivision fronting Story Mill Road. The City Engineer and County Road
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Superintendent have reviewed and approved the dedication according to what is provided
on the final plat.
Condition #25:, That the applicant amend the name of the subdivision to "Bridger Creek
Subdivision", eliminating the work "Meadows" from the title, and that it be noted accordingly on
the final subdivision plat prior to final approval.
The title of the final subdivision plat has been revised to reflect this condition.
Condition #26: That upon installation of the sanitary sewer mains, and prior to final
subdivision plat approval,the new single family residence presently situated on the subject
property shall tie into the City's sanitary sewer system in accordance with Section 18.28.140 of
the Municipal Code.
Once the sanitary sewer system has been completely installed the applicant will connect
the subject residence to the system. The improvements have been financially guaranteed
as part of the remaining improvements not already installed as outlined in the Estimated
Cost For Improvements - Exhibit "A" of the Improvements Agreement.
Craig Brawner is reviewing the Estimated Cost For Improvements submitted by Morrison-
Maierle/CSSA to verify for Rex Easton the appropriate amount of required financial guarantee as
part of the Improvements Agreement. Once the amount has been established the financial
guarantee will be submitted to the Planning Office prior to Andy signing the Certificate of
Planning Director.
Paul, if you have any questions, that either Phill Forbes or myself may be able to answer
for you don't hesitate to contact us.
DS/dps
Attachments: Four(4)mylars and four(4)clothbacks of Final Subdivision Plat
Platting Certificate prepared by Security Title Company
Improvements Agreement
Restrictive Covenants and By-Laws
Deed Restriction
Jack Schunke letter dated January 10, 1995
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