HomeMy WebLinkAboutSouthbridge Major Subdivision Final Plat1
REPORT TO: Honorable Mayor & City Commission
FROM: Tim Cooper, Assistant City Attorney
Tim McHarg, Director, Planning and Community Development
SUBJECT: Final Plat for the Southbridge Major Subdivision, Phase 1 - #P-12008
MEETING DATE: September 10, 2012
AGENDA ITEM TYPE: Consent Agenda Item
RECOMMENDATION: That the City Commission approves the Final Plat for the Southbridge Major
Subdivision, Phase 1 to subdivide 9.510 acres and authorize the Director of Public Service to execute the
same on behalf of the City of Bozeman upon review and approval by the City Attorney’s Office .
BACKGROUND: On March 21, 2011, the Bozeman City Commission conditionally approved the
preliminary plat application for Meadow Creek Subdivision, Phase 2 to subdivide approximately 39.996
acres into 83 single family lots, 2 multi-family lots and one neighborhood center situated along the east
side of South 19th Avenue and south of West Graf Street.
The preliminary plat approval for Meadow Creek Subdivision, Phase 2 contains the north 20 acres
formerly owned by Belgrade Valley Bank (now Holyoke IV, Inc.) and the remaining south 20 acres
being the north portion of an existing farmstead owned by the Fink family (aka Shady Lane Ranch
Limited Partnership). It is the intent of the new landowner of the north 20 acres (i.e., Holyoke IV, Inc.)
to move forward with filing the final plat for the first phase of the major subdivision and rename it,
Southbridge Subdivision.
Staff has concluded that all terms and conditions of the preliminary plat approval have been met,
exclusive of providing an acceptable financial guarantee and executed homeowner’s association
documents. 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.
Attached is a memorandum from Dave Skelton, Senior Planner, delineating how the conditions of
preliminary plat approval have been satisfied and recommending approval of the final plat application
for Southbridge Subdivision, Phase 1. Said recommendation is contingent on receiving: 1) an
Commission Memorandum
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acceptable financial guarantee, and 2) executed homeowner’s association documents by the applicant
prior to the City Commission meeting date of September 10, 2012 and upon review and approval by the
City Attorney’s Office and Director of Public Service. 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 residential lots.
Attachments: Planning Staff’s Summary Review
Final Plat
Final Plat application materials
Report compiled on August 28, 2012
planning • zoning • subdivision review • annexation • historic preservation • housing • grant administration • neighborhood
coordination
CITY OF BOZEMAN
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPME
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
SOUTHBRIDGE MAJOR SUBDIVISION, PHASE 1
PLANNING FILE NO. P-12008
DATE: AUGUST 6, 2012
(UPDATED AUGUST 30, 2012)
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Madison Engineering has made application to the Planning Department for Final Plat review
and approval for Southbridge Subdivision, Phase 1, formerly known as Meadow Creek Subdivision,
Phase 2 being a multi-phased, residential subdivision located on the west side of South 19th Avenue and
south of Graf Street.
On March 21, 2011, the City Commission granted preliminary plat approval to subdivide 39.966
acres, located west of South 19th Avenue between Graf Street and the future extension of Blackwood
Road, into 83 single-household residential lots, 2 multi-household residential lots, 1 neighborhood
center, including workforce housing lots and the remaining area as parks, open spaces, and streets. Said
preliminary plat approval includes approximately twenty (20) acres previously owned by Flathead Bank
on the north half and the remaining south twenty (20) acres being the north twenty (20) acres of the
Shady Lane Ranch Limited Partnership (commonly referred to as the Fink family farmstead).
Holyoke IV, Inc. has taken deed to the north 20 acres formerly owned by Flathead Bank and
renamed this portion of Meadow Creek Subdivision, Phase 2 as Southbridge Subdivision. This final plat
application will subdivide the first 11.619 acres and create 26 singe-household residential lots, 1 multi-
family lot and the remaining area as dedicated public park, interim parklands, open spaces, and public
streets as Phase 1.
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 April,
25, 2011.
The developer has applied for final plat review and approval of Southbridge Major Subdivision,
Phase 1 and will execute an Improvements Agreement with financial guarantee for required subdivision
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improvements that will not be completed with the filing of the final plat (i.e., sidewalks, parkland
improvements, open space, trails, South 19th Avenue boulevard landscape and irrigation, and storm
water facility landscape). 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 the final plat application may be
approved by the City Commission pending submittal of the following documents:
1. Original homeowner’s association documents executed by the applicant to be filed with the
final plat.
2. An acceptable financial guarantee reviewed and approved by the City Attorney’s Office
and Planning Department based on the dollar amount established in the Improvements
Agreement.
Four (4) original mylars of the Final Plat, original Platting Certificate, copy of the
Improvements Agreement and financial guarantee, copy of the Findings of Fact and Order, and copy of
the Public Park Easement are attached. The Improvements Agreement, public park easement
homeowner’s association documents and other applicable documents will be recorded and filed with the
final plat at the Clerk and Recorder’s Office. The applicant is scheduled to complete the required street
improvements (i.e., asphaltic pavement) prior to September 10, 2012 to elude the need for a “No Build”
restriction being filed with the final plat.
The Planning Staff respectfully requests that you prepare a City Attorney's Certificate using
the attached original Platting Certificate; approve the Certificates of Director of Public Service,
Release of Sanitary Restrictions, and Certificate of Completion "as to form". If you find this
submittal acceptable, the applicant has requested that the final plat application be placed on the Consent
Agenda of the September 10, 2012 City Commission meeting. Should the applicant not provide an
acceptable financial guarantee and the original homeowner’s association documents prior to this date, the
Planning Department is recommending that it be pulled from the agenda until further notice.
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.
An incomplete application was submitted to the Planning Department on June 29, 2012. Based
on the applicant having submitted a complete application on August 23, 2012 for final plat review and
approval, and further finding that the application was deemed complete on August 28, 2012 (exclusive
of receiving the signed original HOA documents and acceptable financial guarantee), the 45-day
(working days) review period for this final plat would expire on November 1, 2012. The conditions
of preliminary plat approval, which are pertinent to this phase, and how they have been met, follow.
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
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way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state
law.
Original mylars, signed and notarized by the applicable parties have been submitted and
forwarded to the City Attorney’s Office. The City Engineer’s Office verified closure on the final
plat on
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 in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet,
note, covenant, etc. in the submittal.
Attached see applicants written narrative.
3. That phasing for the major subdivision shall be clearly delineated using phase letters, in-lieu of
numbers (i.e., Phase 2A, 2B, 2C, 2D, 2E).
The final plat shall be identified as Southbridge Subdivision, Phase 1.
4. That the 50-foot wide watercourse setback shall be identified and dimensioned accordingly on the
final plat.
The final plat adequately dimensions the 50 foot wide watercourse setback.
5. That the 100-year floodplain boundary shall be delineated on the final plat(s).
The applicant notes that based on a Flood Study Report prepared by Allied Engineering in 2005
that no floodplain boundary(s) have been identified for phase 1.
6. That the final plat(s) 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 homeowner’s association.
The final plat contains said notation.
7. That the final plat(s) contain a notation that all finished floor elevations shall be a minimum of 18
inches above the top of the curb in front of the residence or building. This building restriction shall
also be addressed and demonstrated in the covenants/development guidelines.
Notation is provided in the covenants.
8. The final plat and homeowner’s association documents shall reference a 25-foot yard setback
along the arterial road, South 19th Avenue.
Both the final plat and covenants identify the 25-foot setback along South 19th Avenue.
9. Lot 1-3, Block 20 shall be restricted to development as single family dwelling lots and noted
accordingly on the final plat and in the homeowner’s association documents, unless otherwise
reviewed and approved for multi-family development. Should subsequent development other than
for single family dwellings occur, 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.
This condition is not applicable for phase one.
10. A note shall be included on the plat for all multi-family lots describing public park dedication
allowances; e.g. park dedication requirements for Lot 1, Block 26 and Lot 1, Block 27 have been
met for 12 dwelling units per acre, 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
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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.
The final plat contains the required parkland calculations. Blocks 26 and 27 are now identified
as Lot 1, Block 4 and Lot 1, Block 5 on the final plat.
11. All dedicated park lands including linear parkways shall be titled “Public Park” on the final plat.
The open space shall be titled “Open Space, Public Access”. 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.).
Said notes on the final plat and language in the Certificate of Dedication have been revised to
comply with this condition.
12. That the applicants execute at the Gallatin County Clerk and Recorder’s Office a public parkland
easement for that portion of Block 15 to be reserved for an Interim Park with the filing of the
subsequent second phase until such time that the development of Miller Park is resolved and/or
adequate dedicated parkland is provided for Meadow Creek Subdivision, Phase 2.
Said public park easement will be recorded and filed with the final plat..
13. Development of the interim park in Block 15 shall occur within one (1) year of final plat approval
of the subsequent second phase. Said improvements to the interim park shall be described in the
Parks Master Plan as approved by the Recreation and Parks Advisory Board and City Commission,
and reviewed and approved by the City of Bozeman Parks Department and Planning Office.
Improvements to the interim park were approved by the RPAB and City Parks and Recreation
Department on August 17, 2012 to satisfy this condition.
14. 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.
The final park master plan was approved by the RPAB on August 17, 2012 and is scheduled for approval
by the City Commission on September 10, 2012.
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15. A six-foot wide Type II public pedestrian and bicycle trail within a 30-foot wide public access
easement shall be installed along the Shady Lane linear park, originating at the intersection of
South 20th Avenue and Lance Drive, and continuing north until its termination at South 20th
Avenue and Nicole Drive. The final location and placement of the trail and/or creek crossings
shall be determined by Parks and Recreation Department in concert with the Recreation PAB and
GVLT.
The approved pubic trail is included in the park master plan. Final location and construction
will be approved by Parks and Recreation Department within one year of filing this final plat.
16. Sidewalks along park land should be constructed to a six foot width to accommodate snow
removal equipment and adequate pedestrian and bicycle access.
Applicant has acknowledged installation of the six foot wide sidewalk to be part of the financial
guarantee with the filing of the final plat. Note this will also apply to the sidewalk along the east
side of South 20th Avenue that fronts the Open Space areas.
17. The final plat shall provide all necessary utility easements and shall be described, dimensioned
and shown on each subdivision block of the final plat in their true and correct location. Any rear
or side yard utility easements not provided will require written confirmation from ALL utility
companies providing service indicating that rear or side yard easements are not needed.
Said locations have been being reviewed by the City Engineer’s Office.
18. 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. The finish floor of all residential structures
shall be not less than two (2) feet above the established elevation from the top of curb of the adjoining
street.”
Language is provided on the final plat.
19. Should the subdivider propose subdivision perimeter fencing, a fencing plan that includes plans
and specifications to fence the perimeter of the project shall be provided for review and approval
prior to final plat approval. 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.
The homeowner’s association documents provide specific language regarding the construction
of fences along parkland and open space, along with exhibits of appropriate fence types.
20. Buildings constructed on lots fronting along South 19th Avenue shall either front onto the roadway
and/or have double-front architectural features facing the roadway 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 homeowner’s 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.
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Architectural language that outlines this condition is provided in the homeowner’s association
documents.
21. 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.
Reference to a City planting permit and obtaining utility locates is provided on page 25 of the design
regulations.
22. 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 are installed and the City Engineer’s Office has reviewed the SLID and street
light specifications.
23. 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 recognizes the intent of this condition to contact the Bozeman Historic
Preservation Office if necessary.
24. 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 acknowledges this condition.
25. A 1’ No Access Strip shall be shown on the plat along the entire frontage of 19th and on both sides
of Edward Drive from the 19th right of way line west 150’.
A one-foot wide No Access strip is provided on the final plat for South 19th avenue and both
sides of Edwards Drive (now shown as Southbridge Drive on the final plat).
26. All weather access roads shall be installed to provide access to all sewer mains that are not located
within an existing street.
Applicant notes that the all weather access roads have been provided where applicable.
27. Water mains shall be looped to provide service from 2 separate mains for each phase of the
subdivision.
The City Engineer’s Office has verified all water mains have been looped.
28. The easement for the offsite water main that was installed east of 19th as part of Meadow Creek
Phase I shall be submitted prior to final plat approval for any phase of this subdivision.
Staff has consulted with the City Attorney and the City Attorney believes the City has a 30-foot
prescriptive easement for the water main through the Bozeman Ranch Land LLC property
which easement includes the main itself, the right to the water flow through the main, and the
right to maintain the water main.
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29. All subdivision streets shall be extended to the boundary of the subdivision in accordance with
18.44.010.A unless a variance is granted by the City Commission.
Applicant has verified with the SLID that all street lights will be extended to the boundary for
this phase.
30. Temporary turnarounds meeting City of Bozeman requirements along with associated easements
shall be installed on any dead end street which is more than 1 lot width long for any/all phases of
the subdivision.
There are no dead end streets that extend more than one lot with this phase.
31. Any sewer or water service that ends up closer than 10’ to a side property line as a result of the
newly proposed lot layout shall be abandoned and a new service installed in the standard location.
Services which end up in non-standard location, but further than 10’ from side property lines may
remain.
The applicant notes that all service lines located closer than 10 feet to a side property line has been
relocated or abandoned.
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)
Holyoke IV, Inc., c/o Andy Holloran, 603 South Wilson, Bozeman, MT 59715
Madison Engineering, c/o Chris Budeski, 895 Technology Blvd., Ste 203, Bozeman, MT 59718
Sanderson Stewart, c/o Patrick Davies, 106 E. Babcock Street, Bozeman, MT 59715
Intrinsik Architecture, c/o Susan Riggs, 111 North Tracy Ave., Bozeman, MT 59718
Planning File No. P-12008
Bozeman Municipal Code Provisions:
a. Pursuant to Section 18.06.040.D.6 of the BMC, conditional approval of the Preliminary Plat
shall be in force for not more than one calendar year for minor subdivisions, two years for
single-phased major subdivisions and three years for multi-phased major subdivisions. Prior to
that expiration date, the developer may submit a letter of request for the extension of the period
to the Planning Director for the City Commission’s consideration. The City Commission may,
at the written request of the developer, extend its approval for no more than one calendar year,
except that the City Commission may extend its approval for a period of more than one year if
that approval period is included as a specific condition of a written subdivision improvements
agreement between the City Commission and the developer, provided for in §18.74.060, BMC.
b. 18.04.050 - Water rights, or cash-in-lieu thereof, as calculated by the City Engineer’s Office, is
due with each final plat(s) of the major subdivision.
City Engineer’s Office has accepted the cash in-lieu of water rights for phase 1 as calculated
by the applicant.
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c. 18.42.030.D “Corner Lots” – The homeowner’s association documents shall provide language
stating that all corner lots shall have the same orientation as dwellings on lots on the interior of
the block. The final plat shall indicate the orientation of all corner lots.
So note on page 12 of the HOA documents.
d. 18.42.040.B “Block Lengths” - All block lengths shall not be more than 400 feet in length or
less than 300 feet in length, unless a variance to Section 18.42.040.B of the Bozeman Unified
Development Ordinance is granted by the City Commission.
A variance to block lengths was granted with the preliminary plat application.
e. 18.42.050 “Utilities” - Utilities shall be placed underground, wherever technically and
economically feasible. If overhead utility lines are used, they shall be placed along the rear
property line.
Applicant’s narrative so notes this requirement.
f. 18.42.060.B “Private Utilities” – The final plat and homeowner’s association documents shall
contain a note stating that if a utility easement is greater than the building setback required by
the Title 18 of the B.M.C. said easement shall apply. All utility easements to be noted on the
Final Plat for each typical subdivision lot/block, exclusive of notations on the final plat.
Applicant provides said language on final plat and page 11 of the HOA documents.
g. 18.42.060.D.4 – States that storm water runoff from a development shall not be discharged
directly to an irrigation facility. This will further require all storm water facilities to be
designed in a manner that addresses the criteria set forth by the Planning Office.
Applicant’s narrative acknowledges this regulatory standard and no runoff will discharge
directly into an irrigation facility.
h. 18.42.120 - If mail will not be to each individual lot within the development, the developer
shall provide an off-street area for mail delivery within the development in cooperation with
the United States Postal Service. All cluster mail boxes must be ADA accessible and placed
accordingly. It shall not be the responsibility of the City to maintain or plan any mail delivery
area constructed within a City right-of-way.
Comments from USPS have been solicited with no response received to date.
i. 18.42.150 – That the Lighting Plan shall reflect the standards outlined in the U.D.O. A lighting
plan shall be submitted for review and approval prior to the contracting, creation of an SLID
and installation of the lights. The plan shall include a pole light detail with spacing based on
high pedestrian conflict, a local street pole light at one per local street intersection, and a
bollard light detail for placement at pathway/street intersections. All lights including the
bollard light shall conform to the City’s requirement for cut-off shields.
The City Engineer’s Office has reviewed and approved the SLID for this subdivision. The
SLID is scheduled for approval by the City Commission on August 13, 2012.
j. 18.44.010.A “Streets” - When a proposed development adjoins undeveloped land, and access
to the undeveloped land would reasonably pass through the new development, streets within
the proposed development shall be arranged to allow suitable development of the adjoining
undeveloped land. Streets within the proposed development shall be constructed to the
boundary lines of the tract to be developed, unless prevented by topography, or other physical
conditions, in which case a subdivision variance must be approved by the City Commission.
Streets have been constructed to the phase boundary for phase 1.
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k. 18.44.120 “Public Transportation” – Any interior and exterior development streets that are
designated as transit routes shall be designed to accommodate transit vehicles and facilities.
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.
Comments from Streamline Transit indicate that a transit stop is not necessary with this
major subdivision.
l. 18.46.020.B “Parking Within Structures” – The homeowners’ association documents shall
include language stating the minimum provisions for one-stall and two-stall car garages as
outlined by Administrative Policy No. 2007-03.
Page 14 of the HOA documents includes language addressing car garages.
m. 18.48.050.F “Street Frontage’ – The homeowner’s association documents shall contain
language stating that all street rights-of-way contiguous to or within the proposed development
site not used for street pavement, curbs, gutters, sidewalks or driveways (i.e., street boulevards)
shall be landscaped, as defined in the Bozeman Municipal Code, and shall include one (1) large
canopy tree for each 50 feet of total street frontage rounded to the nearest whole number.
Page 23 of the HOA documents includes said language.
n. 18.48.070 “Landscaping of Public Lands” - Requires the subdivider to install irrigation, sod
and street trees on all external streets (i.e., South 19th Avenue) and adjacent to public parks or
other open spaces. 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. A landscape plan prepared by a
certified nurseryperson shall be submitted, identifying the location and tree species to be
installed by the developer, prior to installation of the trees or prior to final plat approval,
whichever comes first.
Said boulevard improvements on South 19th Avenue, and street frontages along public
parkland and open space areas will be financially guaranteed to be completed within one
year of filing the final plat.
o. 18.48.070 – Irrigation, sod and street trees on all external streets and adjacent to public parks or
other opens spaces is required of the developer. It is recommended that internal streets also be
landscaped with boulevard trees to maintain consistency with an urban streetscape throughout
the subdivision. A landscape plan shall be submitted, identifying the location and tree species
to be installed by the developer, prior to installation of the trees or final plat, whichever comes
first.
Applicant has met this condition based on the approved Landscape Plan included in the
Park Master Plan.
p. 18.50.020 “Park Area and Open Space Requirements’ - 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. 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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Required parkland dedication calculations are included on the final plat and final approval
of the Park Master Plan is scheduled for September 10, 2012.
q. 18.50.040 – The Park Master Plan will need to clearly identify who is responsible for
improvements to the public parkland. Any reference to “by others” will need to be clearly
outlined as to responsibility of improvements (i.e., homeowner’s association, City of Bozeman,
etc.). It is recommended that as part of the neighborhood center for this subdivision park that
the tot lot and associated landscape improvements be installed by the developer.
The park master plan addresses this condition.
r. 18.50.060 - 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.
With approval of the park master plan the 100 percent street frontage is not required due to
restraints with physical features .
s. 18.50.080.D “Storm Water Detention/Retention Ponds” – The park master plan shall provide a
grading and landscape plan for any storm water facilities located in dedicated parklands. All
storm water retention or detention facilities may be located within a park but not counted
towards the final parkland dedication. All areas identified in the subdivision for the purposes
of retention/detention storm water facilities shall be noted on the subdivision plat as “Common
Areas” owned and maintained by the property owner's association, and noted accordingly in
the property owner's association documents, for review and approval by the Planning Office.
All storm water facilities must be designed in a fashion that is landscaped as effective
landscape features (i.e., not rectangular or box-like), with slopes not more than 1:4 , or 25%,
with an average depth of not more than two feet. All collection and outlet facilities must also
be properly landscape and screened from the general public. All storm water facility outlet
structures will be properly landscape and a minimum distance of not less than thirty (30) from
any watercourse high water mark will be required. Placement and design of the facilities will
be approved by both the City Engineer’s Office and Planning Office.
Notations on the final plat and language in the homeowner’s association documents
address this code provision.
t. 18.50.090 “Waiver of Park Maintenance District - Waivers of right to protest creation of
special improvement districts (SIDs) for a park maintenance district shall be executed and
submitted by the developer with the final plat to be filed with the Gallatin County Clerk and
Recorder at the time of final plat recordation.
Waiver of Park Maintenance District was executed with the JCD Annexation Agreement.
u. 18.50.110 – Pathways must be maintained by the developer in conformance with the approved
maintenance plan until 50% of the lots are sold. Thereafter, the homeowner’s association is
responsible for pathway maintenance. Plans and specifications for the trail will need to be
reviewed by the Parks Department prior to construction. A 6-foot wide Type II Class trail is
recommended along the watercourse corridor with the placement appropriate pedestrian
crossings at all intersections with interior subdivision streets. A typical cross section of the
public trail shall be included in the landscape guidelines and will include trail specifications,
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typical landscape guidelines, and site grading plans for review and approval prior to final plat
approval.
Said information is included in the homeowner’s association documents and the park master
plan.
v. 18.72.030 “Covenants” - Covenants, restrictions, and articles of incorporation for the creation
of a homeowners’ association shall be submitted with the final plat application for review and
approval by the Planning Office and shall contain, but not be limited to the following items: 1)
the orientation and setback for corner lots, 2) additional setbacks required when adjacent to
pathway corridors (i.e., P.A.C. corridors) and South 19th Avenue, 3) access to townhouses from
alleys and the setback requirements for garages and/or parking stalls, 4) provisions for fences
(i.e., sight vision triangle, protection and maintenance of adjacent agricultural fences, etc.), 5)
provisions for snow removal, maintenance and upkeep of all common areas, public and private
parklands, trails, storm water runoff facilities, 6) a Development Manual that outlines
architectural and landscape guidelines for each individual lot and/or phase of the subdivision,
including placement of boulevard trees at a regular spacing for each residential lot, 7) list of
permitted land uses, 8) a 25-foot setback off of South 19th Avenue, with 20-foot setbacks off
of Graf Street, Blackwood Street, and South 27th Avenue for all lots fronting onto the minor
arterial streets or collectors, 9) provisions that outline the renewal of an annual contract with a
certified landscape nursery person for the upkeep and maintenance of all parklands, common
open space, trails, etc., 10) landscape details for detention ponds, outlet structures, boulevard
trees, parkland, irrigation, etc., 11) mitigation of groundwater with established floor elevations
and no basement restriction, 12) provisions for the maintenance of agricultural fences and no
trespassing on adjacent properties during construction activity, 13) architectural guidelines for
residential character, porches, fenestration treatment, placement of garages, boulevard trees,
14) noxious weed control, 15) parking within residential structures, 16) assessment of existing
and future Special Improvement Districts, 17) protection of downstream water users, 18) no
basement restriction, and 19) floor elevations constructed a minimum of two (2) feet or more
above the base flood elevation.
These documents shall be submitted to the city attorney and shall not be accepted by the City
until approved as to legal form and effect. A draft of these documents must be submitted for
review and approval by the Planning Department at least 45 working days prior to filing and
recordation with the Gallatin County Clerk and Recorder. These documents shall be executed
and submitted with the final plat to be filed with the Gallatin County Clerk and Recorder at the
time of final plat recordation.
Original, executed HOA documents have not been provided by the applicant as of this
summary review. A draft copy of the HOA documents provides reference to the above
disciplines.
w. 18.74.020.A.2 - All construction activities shall comply with Section 18.74.020.A.2 of the
Unified Development Ordinance. This shall include routine cleaning/sweeping of material that
is dragged to adjacent streets. The City may require a guarantee as allowed for under this
section at any time during the construction to ensure any damages or cleaning that are required
are complete. The developer shall be responsible to reimburse the City for all costs associated
with the work if it becomes necessary for the City to correct any problems that are identified.
All applicable construction activity will be addressed prior to release of that portion of the
financial guarantee.
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x. 18.74.030 “Completion of Improvements” - All improvements are subject to Chapter 18.74
“Improvements and Guarantees.” If it is the developer’s intent to file the plat prior to the
completion of all required improvements, an Improvements Agreement shall be entered into
with the City of Bozeman guaranteeing the completion of all improvements in accordance with
the preliminary plat submittal information and conditions of approval. If the final plat is filed
prior to the installation of all improvements, the developer shall supply the City of Bozeman
with an acceptable method of security equal to 150 percent of the cost of the remaining
improvements.
The applicant executed an improvements agreement with the City on August 23, 2012.
However, a financial agreement for the remaining subdivision improvements based on the
full dollar amount provided in the improvements agreement has not been received.
y. 18.74.030.B.2 “Sidewalks” – The final plat and homeowner’s association documents shall
include language stating that “upon the third anniversary of the plat recordation of any phase of
the subdivision, any lot owner who has not constructed said sidewalk shall, without further
notice, construct within 30 days, said sidewalk for their lot(s), regardless of whether other
improvements have been made upon the lot.”
Said notation is provided on the final plat.
z. 18.78.060.G - A professional cultural resource inventory of the site to be conducted by a
qualified archeologist is necessary, unless otherwise provided. The results of said survey must
be provided to the Planning Office and the State Historic Preservation Office prior to the
disturbance of any of the subdivision grounds.
Applicant has acknowledged this code provision.
aa. 18.78.070.C – A Memorandum of Understanding shall be entered into by the Weed Control
District and the subdivider for the control of county declared noxious weeds and a copy
provided to the Planning Department prior to Final Plat approval.
An updated weed control plan has been approved and a contract executed with a local weed
control applicator.
bb. 18.78.070.D of the BMC requires a Final Park Plan to be approved by the City Commission,
with a recommendation from the Bozeman Recreation and Parks Advisory Board, prior to
Final Plat approval. Four bound copies of the plan shall be submitted to the Planning Office
for review prior to installation of any improvements or prior to Final Plat submission,
whichever comes first. The Park Plan shall address all of the criteria outlined in Section
18.78.060.P of the BMC.
Park master plan is scheduled to be approved by the Commission on September 10, 2012.
cc. The Final Plat shall conform to all requirements of the Bozeman Municipal Code and the
Uniform Standards for Final Subdivision Plats and shall be accompanied by all required
documents, including certification from the City Engineer that as-built drawings for public
improvements were received, a platting certificate, and all required and corrected certificates.
The Final Plat application shall include four (4) signed reproducible copies on a 3 mil or
heavier stable base polyester film (or equivalent); two (2) digital copies on a double-sided, high
density 3-1/2" floppy disk; and five (5) paper prints.
Applicant has met this code provision.
dd. Irrigation System As-Builts - The developer shall provided irrigation system as-builts, for all
irrigation installed in public rights-of-way and/or land used to meet parkland dedication
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requirements, once the irrigation system is installed. The as-builts shall include the exact
locations and type of lines, including accurate depth, water source, heads, electric valves, quick
couplers, drains and control box.
As-built drawings will be submitted with completion of improvements and prior to release of
financial guarantee for said improvements.
ee. Section 18.78.060.G - A professional cultural resource inventory of the site to be conducted by
a qualified archeologist is necessary. The results of said survey must be provided to the
Planning Office and the State Historic Preservation Office prior to the disturbance of any of the
subdivision grounds.
Applicant so notes this provision.
ff. That the applicants verify that that all subdivision lots have the minimum required lot width at
the front yard setback.
HOA documents discuss the applicable setback requirements with development of each lot.
gg. That the applicant obtain Montana Department of Environmental Quality approval of the
subdivision prior to Final Plat approval pursuant to Section 16.16.101 through 16.16.805
A.R.M.
Applicant indicates they have obtained approval from DEQ.
hh. Stormwater Master Plan - A Stormwater Master Plan for the subdivision for a system designed
to remove solids, silt, oils, grease and other pollutants from the runoff from the private and
public streets and all lots must be provided to and approved by the City Engineer.
The master plan must depict the maximum sized retention basin location, show location of and
provide easements for adequate drainage ways within the subdivision to transport runoff to the
stormwater receiving channel. The plan shall include sufficient site grading and elevation
information (particularly for the basin site, drainage ways and finished lot grades), typical
stormwater detention/retention basin and discharge structure details, basin sizing calculations
and a stormwater maintenance plan.
Any stormwater ponds located within park or open space shall be designed and constructed to
be conducive to the normal use and maintenance of the open space. Stormwater ponds for
runoff generated by the subdivision (e.g., lot runoff, public or private streets, common open
space, parks, etc.) shall not be located on easements within privately owned lots.
While the runoff from the individual lots will be dependent on the intensity of use on each lot,
the maximum sizing of the storm retention facilities for each lot will be established based on
maximum site development. Final facility sizing may be reviewed and reduced during design
review of the FSP for each lot.
ii. Plans and specifications and a detailed design report for water and sewer main extensions,
storm sewer and the public street, prepared by a Professional Engineer, shall be provided to
and approved by the City Engineer and the Montana Department of Environmental Quality.
The Applicant shall also provide Professional Engineering services for construction inspection,
post-construction certification, and preparation of mylar record drawings. Construction shall
not be initiated on the public infrastructure improvements until the plans and specifications
have been approved and a pre-construction conference has been conducted.
No building permits shall be issued prior to substantial completion and City acceptance
of the required infrastructure improvements.
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jj. The developer shall make arrangements with the City Engineer's office to provide addresses
for all individual lots in the subdivision prior to filing of the final plat.
Said addressing for the residential lots has not been provided.
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