HomeMy WebLinkAboutAuthorize Norton East Ranch Major Subdivision, Phase 2 Final Plat _91
REPORT TO: Honorable Mayor & City Commission
FROM: Tim Cooper, Assistant City Attorney Wendy Thomas, Director of Community Development
SUBJECT: Final Plat for the Norton East Ranch Major Subdivision, Phase 2, P-13014
MEETING DATE: June 24, 2013 AGENDA ITEM TYPE: Consent Agenda Item
RECOMMENDATION: That the City Commission approves the Final Plat for the Norton East Ranch
Major Subdivision, Phase 2 to subdivide 6.66 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 January 22, 2008 the City Commission granted preliminary plat approval to
subdivide 47.77 acres and create one hundred and twenty eight residential lots including restricted size lots and workforce housing lots and the remaining area as parks, open spaces, streets and alleys for R-4
(Residential High Density District) development, located west of Cottonwood Road between future
extensions of Fallon Street and West Babcock Street. Phase 1 was filed on February 16, 2011.
Phase 2 is 6.66 acres in size and includes new right of way, alley, and thirty lots for single household
residential development.
Staff has concluded that all terms and conditions of the preliminary plat approval have been met,
including the provision of an acceptable financial guarantee and improvements agreement. 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 Brian Krueger, Development Review Manager, delineating how the
conditions of preliminary plat approval have been satisfied and recommending approval of the final plat
application for the Norton East Ranch Subdivision, Phase 2. Said recommendation is contingent on
receiving 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.
Commission Memorandum
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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 2. 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
Report compiled on June 10, 2013
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Development Review Division Policy and Planning Division Building Division
CITY OF BOZEMAN
DEPARTMENT OF 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: CITY ATTORNEY’S OFFICE
STACY ULMEN, CITY CLERK
FROM: BRIAN KRUEGER, DEVELOPMENT REVIEW MANAGER RE: FINAL PLAT REVIEW AND APPROVAL FOR THE NORTON EAST RANCH SUBDIVISION PHASE 2 PLANNING FILE NO. P-13014
DATE: JUNE 10, 2013 ------------------------------------------------------------------------------------------------------------------------------
Morrison Maierle, Inc., has made application to the City of Bozeman Department of
Community Development for Final Plat review and approval for The Norton East Ranch Subdivision, Phase 2, a thirty lot subdivision. Said subdivision is located on the west side of Phase 1 of the Norton East Ranch Subdivision.
On January 22, 2008 the City Commission granted preliminary plat approval to subdivide 47.77
acres and create one hundred and twenty eight residential lots including restricted size lots and
workforce housing lots and the remaining area as parks, open spaces, streets and alleys for R-4 (Residential High Density District) development, located west of Cottonwood Road between future extensions of Fallon Street and West Babcock Street. Staff’s summary review addresses the conditions
of preliminary plat approval outlined in the Findings of Fact and Order. Attached is a copy of the
signed Findings of Fact and Order dated March 3, 2008.
The developer has applied for final plat review and approval of the Norton East Ranch Subdivision, Phase 2 that includes an Improvements Agreement and financial guarantee for subdivision
related improvements that will not be completed with the filing of the final plat (e.g. minor punchlist
items for park improvements, street and trail lighting, open space and park sidewalks, and lot frontage
sidewalks). Based on the summary review provided below, the Development Review Committee, City
Engineering’s Department and Department of Community Development 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.
Three (3) original mylars of the Final Plat, original Platting Certificate, copy of the
Improvements Agreement and financial guarantee, and copy of the Findings of Fact and Order are
attached for your review. The Improvements Agreement, property owner’s association documents and other applicable documents will be recorded and filed with the final plat at the Clerk and Recorder’s
Office.
The Community Development staff respectfully requests that you prepare a City Attorney's
Certificate using the attached original Platting Certificate; approve the Certificates of Director of
Public Works, Release of Sanitary Restrictions, and Certificate of Completion "as to form".
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Once the Commission has acted on the Final Plat application, please forward the original mylar
plats and documents to the Director of Public Works 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 Department of Community Development in the Inter-Department routing envelope
for their protection.
A complete application was submitted to the Planning Department on April 19, 2013 that met the
application deadline of April 24, 2013. Based on the applicant having submitted a complete application on April 19,2013 for final plat review and approval, and further finding that the application was deemed complete on May 1, 2013, the 45-day (working days) review period for this final plat would expire
on July 1, 2013. The conditions of preliminary plat approval, which are pertinent to this major
subdivision, 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.
All required documents to file the final plat have been provided. Attached please find three (3)
mylar final plats, original Platting Certificate, and copies of all applicable documents and exhibits necessary for your review including the improvements agreement and copy of the financial guarantee.
2. The applicant shall submit with the application for Final Plat review and approval, a written
narrative stating how each of the conditions of preliminary plat approval and noted code provisions
have been satisfactorily addressed, and shall include a digital copy (pdf) of the entire Final Plat submittal. This narrative shall in sufficient detail to direct the reviewer to the appropriate plat, plan,
sheet, note, covenant, etc. in the submittal.
Said written narrative, exhibits and documents are included in the attached notebook addressing
the conditions of approval provided by the applicant.
3. Subject to the review and recommendation of the Recreation and Parks Advisory Board, the Parks and Recreation Superintendent and final approval by the City Commission the proposed parkland
dedication requirements shall be met for this subdivision. Documentation of satisfaction of parkland
dedication requirements in accordance with Section 18.50.020 of the BMC shall be provided. A
table showing the computed park areas shall be included on the final plat pursuant to Section
18.78.070.D of the BMC. This table shall include but is not limited to detention/retention areas, watercourse, wetlands, watercourse setbacks, park land, and total area.
The Recreation and Parks Advisory Board recommended approval of the park master plan at their monthly meeting of September 3, 2010 to the City Commission who approved the park plan at
their regular scheduled meeting of September 27, 2010.
4. .28 acres of additional dedicated parkland shall be provided either: onsite, offsite, or cash in lieu.
Adequate dedicated parkland has been provided with this phase. The applicant proposes to address the remainder of required parkland with the filing of the phase three of the subdivision.
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5. All dedicated park lands including linear parkways shall be titled “Public Park” on the final plat.
Notes shall be included on the plat describing ownership and maintenance responsibility for both the park and open space areas, (e.g. public park, dedicated to the city and maintained by the homeowners association and/or future Park Maintenance District, etc.).
All public parks are so noted on the final plat with a notation that they will be maintained by the
homeowner’s association.
6. Dedicated park land shall have frontage along 100 percent of its perimeters on public or private streets, unless otherwise noted and as reviewed and permitted under Section 18.50.060 through the construction of pedestrian access, off street parking and improvements within the park area as
approved in the respective final park plan(s). This further implies that all streets adjacent to parkland
for each phase of the major subdivision must be improved with said phase.
As noted previously the Recreation and Parks Advisory Board and City Commission approved the park master plan that includes public parkland with 100 percent frontage on dedicated rights-of-way when all subdivision phases are constructed. Phase 2 includes additional parkland and additional frontage along Bull Frog Drive.
7. The Final Park Plan(s) shall include:
a. Current and future site plan(s) for the entire property with the current plan showing developer installed improvements and the future plan showing any planned improvements not intended to be installed by the developer;
b. The location of watercourse setbacks, wetland delineation, and wetland fringe;
c. Park landscaping plan, prepared by a qualified landscape professional in accordance with
§18.78.100 for all parkland areas including linear parkways;
d. Trail design and construction showing compliance with adopted City standards and trail classifications;
e. The requirement for a preconstruction meeting prior to any site work, including
boardwalks, bridges, and trails;
f. Appropriate sections from the “Design Guidelines for City of Bozeman Parks”;
g. Cost estimate and installation responsibility for all improvements;
h. A neighborhood gathering place (pavilion, community building, wetland interpretation
and viewing platforms, etc.) and playground equipment in the Neighborhood Center in addition
to the standard requirement for boulevard street trees, irrigation, seeding, sidewalks, etc.
i. A notation that a building permit will be required for any structural improvements including bridges, boardwalks, and shelter structures.
j. Parking area, design and construction drawings showing compliance with adopted City
standards including ADA parking and signage.
Said approved park master plan has addressed said provisions listed above.
8. Sidewalks along park land should be constructed to a six foot width to accommodate snow removal equipment.
The applicant has installed a 6-foot wide sidewalk along the parkland in phase two.
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9. The subdivider in consultation with MDT, the City of Bozeman, and Streamline Transit shall locate,
design, and construct a transit stop with seating, lighting, a bike rack, and a shelter at the Neighborhood Center per section 18.44.120 of the Bozeman Municipal Code.
Said transit stop will be constructed with a future phase of the major subdivision when Laurel Parkway is constructed.
10. A note shall be included on the plat for all multifamily lots describing park dedication allowances;
e.g. park dedication requirements for Lot 43, Block 14 have been met for 12 dwelling units, at the time of subsequent development, when net residential density becomes known, cash-in-lieu of park dedication requirements shall be met by the property owner for any additional density in accordance
with the BMC. This note shall be recorded on the individual lots in a manner that will appear on a
title search.
This condition does not apply to this phase as there are no multifamily lots within phase 2.
11. Fences located in the front, side or rear yard setback of properties adjacent to any park or open space shall not exceed a maximum height of 4 feet, and shall be of an open construction designed in a
manner to be consistent along all park land and open space areas. This requirement with appropriate
exhibits of fence types shall be addressed and illustrated in the home owner’s association documents.
Page 11 of the of the Property Owners’ Association architectural standards outlines provisions for yard fences.
12. The subdivider shall provide a subdivision perimeter fencing plan to be implemented prior to final
plat. The plan shall include plans and specifications to fence the perimeter of the project including
the southern boundary of the right-of-way for Fallon Street, the north boundary of the right of way of
W. Babcock Street, the west boundary of the right of way for Laurel Parkway.
Existing agricultural perimeter fencing currently exists around the subdivision. Provisions in the Property Owners’ Association documents provide for the repair, upkeep and maintenance of the existing perimeter fencing.
13. Hard Luck Street shall be extended east to the east property boundary of the subdivision through Lot
1 in order to provide adequate access to undeveloped land.
Hard Luck Street, now identified as Dragon Fly Street on the final plat is constructed to the east to where it intersects Bull Frog Drive.
14. Buildings constructed on lots along West Babcock Street, Laurel Parkway, and Fallon Street shall
either front onto those roadways and/or have double-front architectural features facing those roads as
found on the front of the dwellings units, for example; end gables, covered porches, varied roof lines, multiple façade materials, varied façade plane, and decorative lighting. These architectural requirements shall be addressed and demonstrated in the covenants/development guidelines. The
homeowner’s association documents shall also specify that a maximum 4’ tall fence, with
coordinated design detail, is permitted along the back of these lots.
Page 11 of the Property Owners’ Association architectural standards discuss said architectural features.
15. All finished floor elevations be a minimum of 18 inches above the top of the curb in front of the
residence or building. This building restriction shall be addressed and demonstrated in the
covenants/development guidelines.
Note #1 on the face of the plat and the addresses the minimum finished floor elevations.
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16. All lots that have access to an alleyway shall use the alley for access to the lot, no driveway access
from the street is allowed. This access restriction shall be addressed and demonstrated in the covenants/development guidelines.
Note #4 on the face of the plat and the addresses the minimum finished floor elevations.
17. Trees may not be located within 10 feet of sewer and water services. Sewer and water services shall
be shown on the landscaping plan of the park and open space plan, and approved by the
Water/Sewer Superintendent.
The landscape plan specifying quantity, installation and mature size, and quality of landscape species and prepared by a landscape architect or qualified nurseryperson for all parkland and open space improvements is included in the application for review and meets this requirement.
18. Homeowner’s association documents shall address the requirements for street trees, a City of
Bozeman planting permit for street trees and obtaining utility locates before any excavation begins in the City of Bozeman right-of-way. The covenants shall include a planting note stating that the planting hole shall be at least twice the diameter of the root ball, that the root flare of the newly
planted tree is visible and above ground, and there should be a mulch ring 3’ -4’ in diameter around
each newly planted boulevard tree.
Page 14 of the Property Owners’ Association architectural standards address said boulevard street tree installation.
19. Street lighting, including pathway intersection lighting, shall be installed by the subdivider. Light
locations and specifications shall be provided to the City Engineer for review and approval with the
public improvements plans and specifications. All street light poles shall be installed a minimum of
10’ from any water or sewer main or appurtenance.
The City Engineering Department has reviewed and approved the street lighting plans. Said street lights have been financially guaranteed and are scheduled to be installed upon delivery.
20. Subdivision lighting SILD information shall be submitted to the Clerk of Commission after
Preliminary Plat approval in hard copy and digital form. The final plat will not be deemed complete
until the resolution to create the SILD has been approved by the City Commission.
The SILD districts associated with this subdivision were approved and adopted by the City Commission on June 3, 2013.
21. Should historical, cultural and/or archeological materials be inadvertently discovered during
construction of this project, the State Historical Preservation Office (SHPO) and the Bozeman
Historic Preservation Office shall be contacted immediately and construction activities shall cease.
The applicant notes that no historical, cultural and/or archeological materials were discovered during construction activities for this phase.
22. Should any species of concern, as defined by the Montana Natural Heritage Program, be discovered
on-site during construction, the Montana Department of Fish, Wildlife and Parks and the Montana
Natural Heritage Program shall be contacted immediately and construction activities shall cease.
The applicant’s written narrative indicates that no species of concern was discovered during construction of phase two.
23. The proposed lift station shall be designed and built to accommodate the sewer capacity of the full
development. However, the wastewater output from the lift station shall be limited to the amount
allocated in the 1998 Valley West Sewer Report (192,816 gpd) until the trunk sewer main as shown in the 2007 Wastewater Facilities Plan is installed. The lift station will be owned and operated by the
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City. Maintenance costs will be paid for by the homeowners by way of a surcharge on their sewer
bill.
The lift station and provisions of limited output has been completed, reviewed and approved by City staff.
24. Design of the lift station, including the building, will be reviewed and approved by the City
Engineering and Water/Sewer Departments. The lift station shall include a SCADA system
compatible with the City’s existing system. The lift station shall also include backup power capable of running the entire station including all pumps.
The lift station and provisions of limited output has been completed, reviewed and approved by City staff.
25. A master plan and the sanitary sewer main layout for the portion of the development west and south
of Phase I shall be provided. If a sanitary sewer main and/or stubs are necessary in Laurel Parkway, from Fallon Street to West Babcock Street, they are to be provided in this phase.
The City Engineering Department has reviewed the sanitary sewer master plan and required the necessary sewer mains necessary for phase two of this major subdivision.
26. The lift station shall be located outside of the Baxter Creek 100 year floodplain.
The lift station is located outside of the Baxter Creek 100 year floodplain.
27. An all-weather access must be provided to the lift station. The access, lift station, and force main must either be on separate lots dedicated to the city, or contained within easements.
Said all-weather access and easements have been provided for the lift station with phase one.
28. Any air relief valves on the sewer force main shall be accessible by the City’s flusher truck. This
may require turnout(s) to be constructed at the location of the valves.
The applicant notes that all air relief valves have been provided and are accessible.
29. Any public street rights of way for which easements have been provided (i.e. Laurel Parkway) shall
be dedicated to the City on the Final Plat for this subdivision.
All pubic streets with this phase have been dedicated in street rights-of-way as noted on the final
plat. Laurel Parkway will be constructed and dedicated with a future phase.
30. All typical street sections, including sidewalk location within the right-of-way and provisions for bicyclists shall be in conformance with the street standards recommended in the Greater Bozeman
Area Transportation Plan, 2001 Update, unless otherwise approved by the City Commission, or by
the City Engineer through the plan and specification review and approval process.
All street sections and boulevard sidewalks have been reviewed and approved by the City Engineering Department.
31. City standard curb, gutter and sidewalk shall be provided along all streets in the subdivision. 6 ft
wide sidewalk will be required in the standard location adjacent to park land. The trail and sidewalk
may be combined into one facility that is 10 ft wide and constructed of concrete. The combined walk
may vary from the standard location (i.e. meander), but at the furthest, shall be no more than 15 ft from the right-of-way.
All City streets required with this phase have been constructed along with all sidewalks fronting public parkland. Pedestrian trails and individual subdivision lot sidewalks will be financially
guaranteed with the filing of the final plat.
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32. The trails shall connect to pedestrian ramps at the intersections or approved mid-block crossings.
Required trials with phase two connect to pedestrian ramps and approved mid-block crossings.
33. A schematic signage plan for the subdivision, noting any proposed traffic calming measures, shall be provided with the design report for review and approval by the City Engineer.
The City Engineering Department has reviewed and approved the schematic signage plan for this
major subdivision.
34. West Babcock Street, from Cottonwood Road to the eastern property boundary, would be required to be improved to collector standard, as shown in the Greater Bozeman Area Transportation Plan 2001 Update, prior to issuance of any building permits for the development. Fallon Street, from
Cottonwood Road to the eastern property boundary, would be required to be improved to local
standard, as shown in the Greater Bozeman Area Transportation Plan 2001 Update, prior to issuance
of any building permits for the development. Laurel Parkway and West Babcock Street, along and within the property boundary, shall be improved, as part of this development, to collector standard as shown in the Greater Bozeman Area Transportation Plan 2001 Update. Fallon Street, along and
within the property boundary, shall be improved, as part of this development, to local standard as
shown in the Greater Bozeman Area Transportation Plan 2001 Update. City standard curb and
gutter, and sidewalk will be required in the standard location on the development’s side of the street. Detailed review of the street and intersection design, and approval by the City Engineer will be required as part of the infrastructure plan and specification review process.
West Babcock Street and Fallon Street have been constructed to the standards contained in the
Greater Bozeman Area Transportation Plan 2001 Update as reviewed and approved by the City
Engineering Department.
35. Cottonwood Road is designated as a Principal Arterial in the Greater Bozeman Area Transportation Plan. The applicant is advised the remaining half of this facility along the entire length of the
development, from West Babcock Street to Fallon Street, would be required to be constructed prior
to issuance of any building permits for the development.
Cottonwood Road between West Babcock Street and Fallon Street has been constructed as required by the City Engineering Department and the 2001 Transportation Plan Update.
36. A joint access shall be provided at Lots 123 and 124, Block 1, at Lots 121 and 122, Block 2, and at
Lots 118 and 119, Block 2, that lines up with the respective alley to the south.
This condition does not apply to phase two and will be addressed with future phases.
37. A 1 foot no access easement shall be shown on the final plat along the entire frontage of West Babcock Street and Laurel Parkway.
Does not apply to this phase. The one-foot “no access” easement is noted on the final plat for phase one and will be addressed with future phases.
38. The driving surface on the alley typical section shall be a minimum of 16 ft wide.
The alley driving surface was installed at a width of 16 feet.
39. Provide 10 ft minimum clearance from the fire hydrants to street lights, junction pedestals, and signs.
Said 10 feet of clearance is provided between fire hydrants and street lights, junction pedestals and signs as reviewed by the City Engineering Department.
40. All retention/detention ponds shown within the right-of-way shall be relocated outside of the right-
of-way and a temporary or permanent storm drainage easement provided.
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The City Engineering Department notes this requirement has been met.
41. The E-W greenway trail along Wayward West shall be a 10’ or 12’ meandering concrete shared use path in lieu of sidewalk.
The greenway trail along Wayward, now May Fly Street, is constructed as a 10 feet concrete meandering path.
42. All stormwater basins/detention ponds within the subdivision shall be naturalized by creating
irregularly-shaped basins, vegetating with native grass/emergent wetland and woody species, and limiting the use of rock in the bottom of the basins.
All stormwater facilities are designed as non-geometric basins and the landscape improvements will be financially guaranteed to be completed within one year of the filing the final plat.
43. The boardwalk trail through the north end of wetland W-5 and the two viewing platforms shall be
constructed at least 24 inches above the ground surface to preserve the wetland vegetation.
The boardwalk is scheduled to be completed with future phases of the subdivision.
44. Place educational placards along the boardwalk and on the viewing platforms.
Said improvements will be installed with future phases.
45. The WRB shall be notified and invited to attend a preconstruction meeting prior to the construction
of any platforms or boardwalks.
The applicant so notes that the Wetland Review Board will be notified prior to construction of any platforms or boardwalks.
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