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HomeMy WebLinkAboutApprove Final Plat for Southbridge Subdivision, Phase 1A_9 1 REPORT TO: Honorable Mayor & City Commission FROM: Tim Cooper, Assistant City Attorney Wendy Thomas, Community Development Director SUBJECT: Final Plat for Southbridge Subdivision, Phase 1A - #P-13009 MEETING DATE: June 3, 2013 AGENDA ITEM TYPE: Consent Agenda Item RECOMMENDATION: That the City Commission approves the Final Plat for Southbridge Subdivision, Phase 1A to create a 0.987-acre, multi-household lot and authorize the Director of Public Works 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 Southbridge Subdivision to subdivide 39.996± acres and create 83 single-household lots, 2 multi-household lots, 1 neighborhood center and the remaining area as parks, common open spaces and streets. Said major subdivision is located on the west side of South 19th Avenue situated just south of West Graf Street. Staff has concluded that all terms and conditions of the 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. 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 1A. Said recommendation is contingent on receiving review and approval by the City Attorney’s Office and Director of Public Works. 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. Commission Memorandum 41 2 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 with the filing of the final plat for Southbridge Subdivision, Phase 1. City sewer and water connection fees, and applicable impact fees will be collected for the new services when a building permit is issued development of the multi-household residential lot. Attachments: Planning Staff’s Summary Review Final Plat Final Plat application materials Report compiled on May 23, 2013 42 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 SOUTHBRIDGE MAJOR SUBDIVISION, PHASE 1A PLANNING FILE NO. P-13009 DATE: APRIL 29, 2013 (Updated May 8, 2013) (Updated May 20, 2013) ------------------------------------------------------------------------------------------------------------------------------ Madison Engineering has made application to the Planning Department for Final Plat review and approval for Southbridge Subdivision, Phase 1A, 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 create one 0.987-acre multi-household lot as Phase 1A. 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 1A that does not require an Improvements Agreement and financial guarantee for any subdivision related improvements for this phase. Based on the summary review provided below, the Development Review Committee, City Engineering’s Office and Planning Department have reviewed the application 43 Southbridge Subdivision, Phase 1A – Final Plat Summary Review Page 2 against the conditions of preliminary plat approval; and as a result, find that the final plat application may be granted approval by the City Commission. Three (3) original mylars of the Final Plat, original Platting Certificate and copy of the Findings of Fact and Order are attached. A “No Build” restriction is not necessary with the recording of this final plat application. The Planning Staff respectfully requests that you prepare a City Attorney's Certificate using the attached original Platting Certificate; approve the Certificate of Director of Public Works and Exclusion from MDEQ, "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. Once the Commission has acted on the Final Plat application, please forward the original mylar plats and documents to the Director of Public Works for the Director’s signature on the final plat. Based on the applicant having submitted a complete application on April 8, 2013 for final plat review and approval, and finding that the application was deemed complete on April 15, 2013 the 45-day (working days) review period for this final plat would expire on June 7, 2013. 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 way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. Attached find three (3) original, signed and notarized mylars by the applicable. The City Engineer’s Office verified closure on the final plat on May 2, 2013. 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 1A. 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. 44 Southbridge Subdivision, Phase 1A – Final Plat Summary Review Page 3 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. This notation has been provided on the final plat. 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 reference the 25-foot setback. 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 to Phase 1A. 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 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. Said notation for Lot 1, Block 5 is provided 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 language is properly provided in the Certificate of Dedication and notation provided on the final plat. 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 parkland easement has been reviewed and approved by the City Engineer’s Office and will be filed with the final plat for this phase. 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 45 Southbridge Subdivision, Phase 1A – Final Plat Summary Review Page 4 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. Construction of the interim park was financially guaranteed with the filing of the final plat for phase one. This condition does not apply directly to Phase 1A. 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 Plan was approved with the filing of the final plat for Phase One and does not apply to Phase 1A. 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 Parks Advisory Board and GVLT. The north section of the trail and crossing was installed during Phase 1 with approval by the Parks and Recreation Department. The remainder will be completed with future phases of the subdivision. 16. Sidewalks along park land should be constructed to a six foot width to accommodate snow removal equipment and adequate pedestrian and bicycle access. This condition does not apply to this phase. 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 utility easement locations have been reviewed by the City Engineer’s Office and noted on the final plat. 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 46 Southbridge Subdivision, Phase 1A – Final Plat Summary Review Page 5 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.” Said 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 on page 13and 14 of the Declaration provides the specific language regarding fences along parkland and open space, including exhibits of the appropriate fence types that are permitted. 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. Said property owner’s association documents discuss the architectural features and fence details on page 11-13 of the design guidelines. 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 are discussed on page 25 of the design and landscape guidelines. 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. This condition was addressed with phase one of the major subdivision. 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. 47 Southbridge Subdivision, Phase 1A – Final Plat Summary Review Page 6 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 along the frontage of South 19th Avenue and Edwards Drive (now Southbridge Drive on the final plat) for this phase. 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. City staff has confirmed with phase one that a descriptive easement is in place for the described water main to address this condition. 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. This condition has been addressed for all applicable streets related to 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 associated 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. No service line relocations or abandonment are necessary with this phase. DS/dps Attachments: Three (3) Mylar Final Plats and One (1) Blackline Copy Applicant’s Written Narrative and Binder Original Platting Certificate Copy of Findings of Fact and Order Copy of the Property Owner’s Association Documents Copy of Public Parkland Easement Copy of Notice on Obligations Regarding Water Rights Restriction cc: Craig Woolard, Director of Public Works (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 48 Southbridge Subdivision, Phase 1A – Final Plat Summary Review Page 7 Madison Engineering, c/o Chris Budeski, 895 Technology Blvd., Ste 203, Bozeman, MT 59718 Planning File No. P-13009 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. Preliminary plat approval for Southbridge Subdivision is valid until March 21, 2014 before the applicant must request an extension. 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. Payment of cash in-lieu of water rights has not been provided. 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. The language is provided in property owner’s association (POA) 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. This condition does not apply to this phase. 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 in the POA 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. 49 Southbridge Subdivision, Phase 1A – Final Plat Summary Review Page 8 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. A letter from the USPS verifying the location and type of any cluster mail box(s) was received on May 15, 2013. 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; no street lights are required with this phase. 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 applicable to this phase have been constructed. 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. No transit stop was deemed 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 15 of the POA 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 24 of the POA 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 50 Southbridge Subdivision, Phase 1A – Final Plat Summary Review Page 9 installed by the developer, prior to installation of the trees or prior to final plat approval, whichever comes first. Said street boulevard improvements associated with this phase (i.e., South 19th Avenue and Southbridge Drive) have been installed with exception to seeding of South 19th Avenue. Said seeding has been financially guaranteed and is scheduled for completion this construction season. 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. Landscape plan has been submitted and reviewed by the City and will be implemented with the filing of each phase and the park master plan for this subdivision. 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. A computed parkland land legend has been provided. 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 requirement of providing 100 percent street frontage along public parkland was 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 51 Southbridge Subdivision, Phase 1A – Final Plat Summary Review Page 10 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 property owner’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 which includes the subject property. 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, typical landscape guidelines, and site grading plans for review and approval prior to final plat approval. Said information is included in the property owner’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 52 Southbridge Subdivision, Phase 1A – Final Plat Summary Review Page 11 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. The original property owner’s association documents filed with the first phase of the major subdivision included a legal description for only phase one. As a result, the declarant and owner of the real property, has provided an amendment the declaration of covenants, conditions and restrictions for Southbridge Subdivision, Phase 1 to include said lot being created with this final plat. The amendment will be filed with the final plat at the Clerk and Recorder’s Office. 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. The applicant so notes the intent and purpose of this condition. 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. All subdivision improvements related to this phase have been completed with exception to seeding and landscape irrigation of the South 19th Avenue boulevard, as well as possible regarding and seeding of the detention basin(s). A financial guarantee is currently in effect to guarantee the completion of said improvements. 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 acknowledges this code provision noting that the inventory was completed with phase one of the major subdivision. 53 Southbridge Subdivision, Phase 1A – Final Plat Summary Review Page 12 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. Said park master plan was approved with phase one of the major subdivision. 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 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. The Department of Recreation and Parks approved the as-built drawings on May 9, 2013. ee. Section 18.50.040 – The Park Master Plan will need to clearly identify who is responsible for improvements to the public parkland. Reference to “by others” will need to be more 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 along South 19th Avenue be installed by the developer. The Park Master Plan approved with the final plat for Phase One outlines the responsibility of park related improvements. ff. Section 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 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, typical landscape guidelines, and site grading plans for review and approval prior to final plat approval. 54 Southbridge Subdivision, Phase 1A – Final Plat Summary Review Page 13 No trail improvements are required with this phase. Trail improvements for phase one have been installed, reviewed and approved by the Recreation and Parks Department. gg. Section 18.72 outlines the requirements for Covenants. In addition, keep in the mind the following items when drafting your covenants for final plat approval: 1) the orientation and setback for corner lots, 2) additional setbacks required when adjacent to pathway corridors (i.e., P.A.C. corridors), 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 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 in both the R-3 and R-4 zoning designations, 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, and 13) architectural guidelines for residential character, porches, fenestration treatment, placement of garages, boulevard trees. The property owner’s association documents include said requirements listed above for the major subdivision and will incorporate this multi-household lot with the filing of the final plat. hh. Section 18.78.070.D – the Final Park Plan must be submitted, reviewed and approved prior to submitting for Final Plat approval of the first phase of the major subdivision. Four bound copies of the plan shall be submitted to the Planning Office for review and approval prior to installation of any improvements or upon Final Plat approval, whichever comes first. The document shall address all of the criteria outlined in Section 18.78.060.P. The developer will submit a formal development plan signed by a certified landscape architect for the design of all dedicated parklands within said subdivision for review and approval by the Superintendent of Facilities and Public Lands, and Bozeman Recreation and Parks Advisory Board. Details of plantings, species, topography, irrigation system, and any permanent park features shall be shown and discussed with the plan. Construction of the parkland improvements will be to City standards and must be completed with City oversight. Improvements shall be installed within all dedicated parklands according to the Implementation Plan and schedule approved by the Superintendent of Facilities and Lands, and the Recreation and Parks Advisory Board. The Final Park Plan was reviewed and approved with the final plat for phase one of the major subdivision. ii. 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. See item “z” above, said inventory was completed with phase one of the subdivision. 55 Southbridge Subdivision, Phase 1A – Final Plat Summary Review Page 14 jj. Section 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. A new Memorandum of Understanding has been executed by the Applicant and Subdivider. kk. That the applicants verify that that all subdivision lots have the minimum required lot width at the front yard setback. All lots for this phase comply with the minimum required lot width. ll. That the final plat shall comply with Section 16.08.070 “Final Plat” and Chapter 16.32 “Certificates” of the City of Bozeman Subdivision Regulations, and shall conform to all requirements of the Uniform Standards for Final Subdivision Plats including provisions for all appropriate certificates and language, certification from the City Engineer that as-built drawings for public improvements were received, and accompanied by all appropriate documents, including a Platting Certificate. Four (4) mylar copies of the final plat must be submitted for final plat approval, along with two (2) digital copies of the final plat, on a double sided, high density 3½-inch floppy disk; and five (5) paper prints. The final plat has been reviewed and accepted for approval by City Staff. mm. 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 has received MDEQ approval with the filing of the final plat for phase one. nn. That the applicant execute and file with the final plat a waiver of right-to-protest creation of a city-wide park maintenance district for review and approval by the City of Bozeman for maintenance and upkeep of dedicated park land and trail system prior to Final Plat approval (may have been done with the Annexation Agreement). Said waiver was executed with the JCD annexation in 2005, including Southbridge Subdivision. oo. The final plat shall provide public utility easements along side and rear lots lines as required by the subdivision regulations. However, in the event front yard easements are used, side and rear yard easements must still be provided on the plat unless written confirmation is submitted to the Planning Office from all utility companies indicating that front yard easements are adequate to service said subdivision lots. The easement notation required in Section 18.12.020 of the Unified Development Ordinance shall also be provided on the final plat. The final plat provides all applicable easements and granting of public access to said utilities. pp. The subdivider shall ensure that all construction material and other debris are removed from the subdivision prior to final plat approval, or prior to release of said financial guarantee, if an Improvements Agreement is necessary with the final plat. Applicant acknowledges this requirement. qq. That the developer shall enter in an Improvements Agreement 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 installation of all improvements, the developer shall supply the City of Bozeman with an acceptable 56 Southbridge Subdivision, Phase 1A – Final Plat Summary Review Page 15 method of security equal to one hundred fifty (150) percent of the cost of the remaining improvements. See item “n” above. rr. That the developer shall have three (3) years from the date of Preliminary Plat approval to complete the conditions of preliminary plat approval and apply for Final Plat approval. At the end of this period the City Commission may, at the written request of the subdivider, extend its approval for a period of no more than one (1) calendar year except that the City Commission may extend its approval for a period of more than one (1) year if that approval period is included as a specific condition of a written subdivision improvements agreement between the City Commission and the subdivider, provided for in Chapter 16.22 of the Bozeman Subdivision Regulations. The final plat contains notation #6 addressing this provision. ss. 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. Stormwater master plan was approved by the City Engineer’s Office with phase one. tt. 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. uu. All infrastructure improvements including 1) water and sewer main extensions, and 2) public streets, curb/gutter, sidewalks fronting parks, open space, rear yard frontages or other non-lot frontages, and related storm drainage infrastructure improvements shall be financially guaranteed or constructed prior to Final Plat approval. 57 Southbridge Subdivision, Phase 1A – Final Plat Summary Review Page 16 No infrastructure improvements are required with this phase. vv. City standard residential sidewalks shall be constructed on all public street frontages of a property prior to occupancy of any structure on the property. 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. This condition shall be included on the plat and in the covenants for the subdivision. This has been noted on the final plat. ww. The location of existing water and sewer mains shall be properly depicted. Proposed main extensions shall be noted as proposed. The approved plans and specifications for infrastructure have been approved by the City Engineer’s Office for the entire subdivision. xx. The Montana Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineer's shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to FSP approval. All necessary permitting was addressed with phase one for the entire subdivision. yy. Easements for the water and sewer main extensions shall be a minimum of 30 feet in width, with the utility located in the center of the easement. In no case shall the utility be less than 10 feet from the edge of easement. All main extensions are located in the required utility easement or dedicated right-of-way. zz. Project phasing shall be clearly defined including installation of infrastructure. This phase has been properly identified. aaa. 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. Addressing has been provided. bbb. The applicant shall submit a construction route map dictating how materials and heavy equipment will travel to and from the site in accordance with section 18.74.020.A.1 of the Unified Development Ordinance. This shall be submitted as part of the final site plan for site developments, or with the infrastructure plans for subdivisions. It shall be the responsibility of the applicant to ensure that the construction traffic follows the approved routes. City Engineer’s Office as approved the construction route for this phase. ccc. 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. Subdivider acknowledges this condition. 58 197.13’ (R) S 89 21’ 42" E - 197.07’ (M) 15.42’ (R) S 00 13’ 52" W - 15.40’ 148.71’ (R) N 89 05’ 19" W - 148.67’233.75’ (R)S 00 35’ 07" W - 233.75’9.42’ (R) S 88 56’ 22" E - 9.37’ (C) 125.63’ (R) S 88 56’ 22" E - 125.49’ (C)179.00’ (R)S 00 13’ 52" W - 178.81’ (C)107.46’ (R)S 04 54’ 11" E - 107.42’ (M)73.00’ (R)S 10 28’ 19" E - 73.04’ (M)253.17’ (R)N 10 27’ 34" W - 253.18’ (M) PROJECT SURVEYOR: DRAWN BY: REVIEWED BY: DATE:PROJECT NO. Sec.T.R. 1/4 1 OF SHEET Scale 1" = ’ Sec.T.R. 1/4 586.4490 Fax 586.5599 Office Bozeman, MT 59715 Suite B 1970 Stadium Drive, 1 SOUTHBRIDGE SUBDIVISION PHASE 1A GALLATIN COUNTY, STATE OF MONTANA TOWNSHIP 2 SOUTH, RANGE 5 EAST, P.M.M., CITY OF BOZEMAN LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 23, A SUBDIVISION OF A PORTION OF LOT 4 OF MINOR SUBDIVISION No. 235 FINAL PLAT THIS SURVEY WAS PERFORMED FOR HOLYOKE IV, INC. THE PURPOSE OF THIS SURVEY IS TO CREATE A 1-LOT SUBDIVISION My commission expires ___________________________ Residing at _____________________________________ Notary Public for the State of ________________________ Printed name ______________________________________________ Signature ______________________________________________ and year herein above written. acknowledged to me that said corporation executed the same. Witness my hand and seal the day the person who signed the foregoing instrument as Vice President of Holyoke IV, Inc. and a Notary Public in and for said state, personally appeared Andrew D. Holloran, known to me to be On this ______________day of _____________________________, 2013, before me, County of _______________________) s.s. State of _________________________) Andrew D. Holloran, Vice President __________________________________ Holyoke IV, Inc. City of Bozeman, Montana Director of Public Service _____________________________________________________________ DATED this _____________ day of __________________, ____________. are conformed with. are coterminous with adjoining streets and alleys, and all other regulations §7-3-4444, M.C.A., and that all streets and alleys are of proper width and certify that the accompanying plat has been duly examined as required in I, Director of Public Service for the City of Bozeman, Montana, do hereby CERTIFICATE OF DIRECTOR OF PUBLIC SERVICE A NATNOM ROYEVRUS DNAL LA NOISSEFORPDERETSI G E RNo. 13601 LS GNAUCK THOMAS N PHASE I SOUTHBRIDGE SUBDIVISION BASIS OF BEARING Treasurer of Gallatin County ____________________________________________________ Dated this______ day of ___________, _______ and levied on the land to be surveyed have been paid. examined and that all real property taxes and special assessments assessed do hereby certify that the accompanying Subdivision Plat has been duly I, _________________________the Treasurer of Gallatin County, Montana CERTIFICATE OF COUNTY TREASURER Clerk and Recorder of Gallatin County ____________________________________________________ Document Number ____________________ Records of the Clerk and Recorder, Gallatin County, Montana. and recorded in Book ___________ of Plats on Page _______________, at _________ o’clock ____.M. this _______ day of ___________ my office at: Montana, do hereby certify that the foregoing instrument was filed in I, ____________________Clerk and Recorder of Gallatin County, CERTIFICATE OF CLERK AND RECORDER City of Bozeman, Montana Director of Public Service _________________________________________________________ DATED this _____________ day of __________________, ____________. from the requirement for Montana Department of Environmental Quality review. Therefore, under the provisions of §76-4-125(2)(d) MCA, this subdivision is excluded and can be provided with adequate storm water drainage and adequate municipal facilities. of the Bozeman growth policy which was adopted pursuant to §76-1-601 et seq., MCA, City of Bozeman, Montana, a first-class municipality, and within the planning area Gallatin County, Montana, is within the Southbridge Subdivision Phase 1A, DEPARTMENT OF ENVIRONMENTAL QUALITY REVIEW CERTIFICATE OF EXCLUSION FROM MONTANA PROJECT AREA Calculated Record Measured Set 2" Alpine Aluminum Cap Calculated Position Found Sanderson Stewart YPC Easement Line Adjoining Property Line Setback Line Property Boundary Line (C) (R) (M) P.O.B. S.S. YPC S.S. YPC S.S. YPC S.S. YPC S.S. YPC (FOUND IN PREVIOUS SURVEYS) GASTON YPC (OBLITERATED) 0.987 acres BLOCK 5 LOT 1SOUTHBRIDGE PH 1BLOCK 2LOT 8SOUTHBRIDGE PH 1BLOCK 3LOT 7SOUTHBRIDGE PH 1BLOCK 4LOT 1SOUTHBRIDGE PH 1SHADY LANE PUBLIC PARKUTILITY EASEMENT EXISTING 20’ PUBLIC UTILITY EASEMENT EXISTING 10’ WIDE PUBLIC 25’ 19TH YARD SETBACK 50’ 50’ STREAM SETBACK 50’ 50’ STREAM SETBACK MCPHI 064-484-5-13 NH TG TG 23 2 S.5 E. 50 SOUTHBRIDGE DRIVE SOUTH 19TH AVENUESOUTH 20TH AVENUE110’ R.O.W. 110’ R.O.W. recorded on the individual lots in a manner that will appear on a title search. shall be met by the property owner for any additional density in accordance with BMC. This note to be development, when net residential density becomes known, cash-in-lieu of park dedication requirements Park dedication for Lot 1, Block 5 have been met for 12 dwelling units per acre, at the time of subsequent10. Areas designated as WETLANDS are subject to a 50-foot setback.9. (Southbridge Homeowners) and/or future park Maintenance District. All Open Space and Public Access areas are to be owned and maintained by the homeowners association8. Homeowners) and/or future park Maintenance District. All Public Parks are dedicated to the city, but maintained by the homeowners association (Southbridge7. upon the lot. within 30 days said sidewalk for their lot(s) regardless of whether other improvements have been made hereon, any lot owner who has not constructed said sidewalk shall, without further notice, construct to occupancy of any structure on the property. Upon the third anniversary of the recordation of the plat City standard residential sidewalks shall be constructed on all public street frontages of a property prior6. Municipal Code (B.M.C.) said easement shall apply. If a utility easement is greater than the building setback required under Chapter 38 of the Bozeman5. are subject to a 6-foot wide utility easement. All lots are subject to a 10-foot wide front yard utility easement except lots adjoined by an Alley, which 4. of Southbridge Drive 150 feet west of South 19th Avenue. A 1-foot wide vehicular No-Access easement exists for Lots along South 19th Avenue and those portions3. All downstream water user facilities will not be impacted by this Subdivision.2. than two (2) feet above the established elevation from the top of curb of the adjoining street. of residential and commercial construction. The finish floor of all residential structures shall be not less first consulting a professional engineer licensed in the State of Montana and qualified in the certification residential dwellings or commercial structures with full or partial basements not be constructed without Due to the potential of high ground water tables in the areas of this subdivision, it is recommended that1. NOTES §76-3-101 through §76-3-625 M.C.A., and the Bozeman Municipal Code. and as described, in accordance with the Montana Subdivision and Platting Act, supervision, and the same was platted as shown on the accompanying plat the accompanying Final Subdivision Plat was surveyed by me, or under my do hereby certify that between March 22nd, 2013 and April 8th, 2013 I, Thomas Gnauck, the undersigned Professional Land Surveyor, Montana Registration No. 13,601 L.S. Thomas Gnauck, PLS _______________________________ Dated this 8th day of April, 2013. CERTIFICATE OF SURVEYOR and across each area designated on this plat as "Utility Easement" to have and to hold forever. the construction, maintenance, repair and removal of their lines and other facilities in, over, under, cable television, water or sewer service to the public, the right to the joint use of an easement for whether public or private, providing or offering to provide telephone, electric power, gas, internet The undersigned property owners, hereby grant unto each and every person, firm or corporation, GRANT OF EASEMENTS South 19th Avenue, South 20th Avenue, shown hereon. dedicated to the public for which the city accepts responsibility for maintenance include Southbridge, dedicated to public use. The lands included in all streets, avenues, alleys and parks or public squares obligation to maintain the lands included in all streets, avenues, alleys and parks or public squares hereby City accepts no responsibility for maintaining the same. The owners agree that the City has no avenues, alleys, and parks or public squares dedicated to the public are accepted for public use, but the for the public use and enjoyment. Unless specifically listed herein, the lands included in all streets, parks or public squares shown on said plat are hereby granted and donated to the City of Bozeman City of Bozeman, Gallatin County, Montana; and the lands included in all streets, avenues, alleys and The above described tract of land is to be known and designated as Southbridge Subdivision Phase 1A SUBJECT to all easements of record or apparent from a visual inspection of the property. containing 0.987 acres, more or less. thence North 10 27’ 34" West a distance of 253.18 feet to the Point of Beginning thence North 89 05’ 19" West a distance of 148.67 feet to a Sanderson Stewart yellow plastic cap; thence South 00 13’ 52" West a distance of 15.40 feet to an Alpine aluminum cap; thence South 00 35’ 07" West a distance of 233.75 feet to an Alpine aluminum cap; thence South 89 21’ 42" East a distance of 197.07 feet to a Sanderson Stewart yellow plastic cap; Block 5 Southbridge Subdivision Phase 1A; Beginning at a found Sanderson Stewart yellow plastic cap at the northwest corner of Lot 1 of as follows: Principal Meridian Montana (P.M.M), Gallatin County, Montana being more particularly described Recorder located in the Southeast One-Quarter of Section 23, Township 2 South, Range 5 East, A portion of Lot 4 of Minor Subdivision No. 235 on record with the Gallatin County Clerk and the following described tract of land, to-wit: subdivided and platted into lots, blocks, roads and alleys, as shown by this plat hereunto included, We, the undersigned property owners, do hereby certify that we have caused to be surveyed, CERTIFICATE OF DEDICATION LEGEND VICINITY MAP NOT TO SCALE 59