HomeMy WebLinkAbout12-9-13 Southbridge.pdf1
REPORT TO: Honorable Mayor & City Commission
FROM: Tim Cooper, Assistant City Attorney Wendy Thomas, Director of Community Development
SUBJECT: Authorize the Director of Public Works to approve the Southbridge Phase II
Major Subdivision Final Plat, Application P13034
MEETING DATE: December 9, 2013
AGENDA ITEM TYPE: Consent
RECOMMENDATION: That the City Commission approve the Final Plat for the Southbridge Phase II Major Subdivision 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 City Commission granted preliminary plat approval to
subdivide 34.966± acres together with the required supplementary plans and information to create
eighty-three (83) single-household residential lots, two (2) multi-family residential lots, one (1) neighborhood center and the remaining area as parks, open spaces, streets and alleys. The developer has
applied for final plat review and approval of the second phase of the subdivision which contains 6.019±
acres together and create seventeen (17) single-household residential lots, one (1) public park, two (2)
Open Space parcels, and the remaining area as public streets and alleyways.
Staff has concluded that all terms and conditions of the preliminary plat approval have been met, or will be met prior to recording of the final plat, 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 Tom Rogers, Associate Planner, detailing how the conditions of preliminary plat approval have been satisfied and recommending approval of the final plat application.
Said recommendation is contingent on receiving approval by the City Attorney’s Office. Part of this
final approval will be assurance that 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: The applicant has submitted the required fees for this action including payment
of cash-in-lieu of water rights, land dedication for parkland and required final plat application fees. City
sewer and water connection fees and other applicable impact fees will be collected for the new services
when a building permit is issued for each of the residential lots. Attachments: Staff’s Summary Review
Final Plat
Report compiled on December 2, 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: TOM ROGERS, AICP
SUBJECT:
FINALSUBDIVISION PLAT REVIEW SOUTHBRIDGE MAJOR
(FORMALLY MEADOW CREEK) SUBDIVISION, PHASE 2;
PLANNING FILE NO. P13034
DATE: NOVEMBER 18, 2013
Holyoke IV, Inc. and Madison Engineering, LLC., have made application to the City of Bozeman Department of Community Development for Final Plat review and approval for the Southbridge
Subdivision, Phase II, a 17 lot subdivision.
On March 21, 2011, the City Commission grated preliminary plat approval to subdivide 34.966± acres
together with the required supplementary plans and information to create eighty-three (83) single-household residential lots, two (2) multi-family residential lots, one (1) neighborhood center and the
remaining area as parks, open spaces, streets and alleys. 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 for phase II of the subdivision to subdivide
6.019± acres together and create seventeen (17) single-household residential lots, one (1) public park, two (2) Open Space parcels, and the remaining area as public streets and alleyways. The application
includes an Improvements Agreement and financial guarantee for required subdivision related
improvements that will not be completed with the filing of the final plat (i.e., sidewalks and parkland
improvements).
Based on the summary review provided below the Development Review Committee, the 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 property owner
association documents and a copy of the Findings of Fact and Order are attached for your review. The 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 and Certificate of Completion "as to form". The applicant will then obtain the final signatures on thy mylars (including obtaining the Certificate of County Treasurer that all taxes and
special assessments have been paid) prior to the Director of Public Works signing the mylars.
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A complete application was submitted to the Community Development Department on October 31,
2013. Based on the applicant having submitted a complete application on October 31, 2013 for final plat review and approval, and further finding that the application was deemed complete on October 31, 2013, the 45-day (working days) review period for this final plat would expire on January 9, 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.
Response: 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. The City Engineer’s Office verified closure on the final plat on October 21, 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.
Response: A written narrative, exhibits and documents are included in the attached materials
addressing the conditions of approval provided by the applicant. Please see attached see applicant
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).
Response: The name of the subdivision has been changed to Southbridge and the phase
nomenclature is phase II.
4. That the 50-foot wide watercourse setback shall be identified and dimensioned accordingly on the
final plat.
Response: The required setback is shown on the face of the plat.
5. That the 100-year floodplain boundary shall be delineated on the final plat(s).
Response: There is no 100-year floodplains present on Phase II of Southbridge subdivision. The Applicant provided a copy of the floodplain study report prepared by Allied Engineering, Inc., dated 2005.
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.
Response: The final plat contains the required language.
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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.
Response: The final plat and covenants/development guidelines (Southbridge Design Guidelines Section 6.2(b)) contain the required language.
8. The final plat and homeowner’s association documents shall reference a 25-foot yard setback
along the arterial road, South 19th Avenue.
Response: The Southbridge Design Guidelines contain the required language.
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.
Response: The final plat contains the required language.
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.
Response: No multi-family lots were contemplated or included with this phase of the development.
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.).
Response: The required title and notation has be corrected and is now shown on the on the face of the 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.
Response: The Interim Park was reviewed and approved by the RPAB and City Recreation and
Parks Department on August 17, 2012. The public parkland easement was filed with the Office
of the Gallatin County Clerk & Recorder on August 23, 2013 (Document No. 2452000).
13. Development of the interim park in Block 15 shall occur within one (1) year of final plat approval of the subsequent second phase. Said improvements to the interim park shall be described in the
Parks Master Plan as approved by the Recreation and Parks Advisory Board and City Commission,
and reviewed and approved by the City of Bozeman Parks Department and Planning Office.
Response: Proposed improvements to the interim park were approved by the RPAB and City Recreation
and Parks Department on August 17, 2012. The Interim Park easement was provided and recorded with the Gallatin Clerk & Recorder with Southbridge Phase 1 (Document No. 245200). Final plat approval
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for Southbridge Phase 1 included a financial guarantee to complete the necessary improvements was
provided through an Improvements Agreement (Document No. 2427602) and Letter of Credit No. 201314
issued from Flathead Bank, Bigfork, Montana.
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; a. 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.
b. A notation that a building permits will be required for any structural improvements including
bridges, boardwalks, and shelter structures. c. Parking area, design and construction drawings showing compliance with adopted City
standards including ADA parking and signage.
Response: The Southbridge Parks Master Plan was reviewed and approved by the RPAB and
City Recreation and Parks Department on August 17, 2012 and include with Phase I final plat approval. The City Commission reviewed approved the Plat at their on September 10, 2012 hearing.
15. A six-foot wide Type II public pedestrian and bicycle trail within a 30-foot wide public access
easement shall be installed along the Shady Lane linear park, originating at the intersection of
South 20th Avenue and Lance Drive, and continuing north until its termination at South 20th
Avenue and Nicole Drive. The final location and placement of the trail and/or creek crossings
shall be determined by Parks and Recreation Department in concert with the Recreation PAB and GVLT.
Response: The required improvements have been completed and written verification from the
City Parks/Cemetery Superintendent was provided with the Application.
16. Sidewalks along park land should be constructed to a six foot width to accommodate snow removal equipment and adequate pedestrian and bicycle access.
Response: The Subdivider has constructed the required sidewalk along parkland provided.
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 provide will require written confirmation from ALL utility companies providing service indicating that rear or side yard easements are not needed.
Response: Required easements locations have been being reviewed by the City Engineer’s Office.
18. That the final plat contain the following language that is readily visible with lettering, at a minimum height of 3/16-inch, placing future landowners of individual lots on notice of the
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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.”
Response: The final plat and homeowner’s association documents contain the required language.
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.
Response: The homeowner’s association documents (SDG No. 6.1(o)) provide the specific language
regarding fences along parkland and open space, along with exhibits of appropriate fence types.
20. Buildings constructed on lots fronting along South 19th Avenue shall either front onto the roadway
and/or have double-front architectural features facing the roadway as found on the front of the
dwellings units, for example; end gables, covered porches, varied roof lines, multiple façade materials, varied façade plane, and decorative lighting. These architectural requirements shall be addressed and demonstrated in the homeowner’s covenants/development guidelines. The
homeowner’s association documents shall also specify that a maximum 4’ tall fence, with
coordinated design detail, is permitted along the back of these lots.
Response: The homeowner’s association documents contain the required notification.
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.
Response: Reference to a City planting permit and obtaining utility locates is provided in SDG 6.B(b).
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.
Response: A street lighting plan has been previously submitted to the City for review and approval. Said street lights are installed and the City Engineer’s Office and the lights are located a
minimum of 10 feet away from any water or sewer.
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.
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Response: The applicant recognizes the intent of this condition to contact the Bozeman Historic
Preservation Office if necessary.
24. Should any species of concern, as defined by the Montana Natural Heritage Program, be
discovered on-site during construction, the Montana Department of Fish, Wildlife and Parks and
the Montana Natural Heritage Program shall be contacted immediately and construction activities
shall cease.
Response: 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’.
Response: A one-foot wide No Access strip is provided on the final plat for South 19th avenue and both
sides of Edwards Drive (now shown as Southbridge Drive on the final plat on Phase I. No portion of
Southbridge Phase 2 triggers this requirement.
26. All weather access roads shall be installed to provide access to all sewer mains that are not located
within an existing street.
Response: 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.
Response: 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.
Response: Phase I has been previously reviewed and approved by the City commission. In addition, the City Engineer’s Office reviewed Phase II and provided written verification that all Engineering conditions of approval are acceptable.
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.
Response: All streets are extended to the edge of Phase II.
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.
Response: There are no dead end streets that extend more than one lot with this phase.
31. Any sewer or water service that ends up closer than 10’ to a side property line as a result of the
newly proposed lot layout shall be abandoned and a new service installed in the standard location.
Services which end up in non-standard location, but further than 10’ from side property lines may
remain.
Response: The applicant notes that all service lines located closer than 10 feet to a side property line has
been relocated or abandoned.
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Bozeman Municipal Code Provisions:
a. Pursuant to Section 18.06.040.D.6 of the BMC, conditional approval of the Preliminary Plat
shall be in force for not more than one calendar year for minor subdivisions, two years for
single-phased major subdivisions and three years for multi-phased major subdivisions. Prior to
that expiration date, the developer may submit a letter of request for the extension of the period
to the Planning Director for the City Commission’s consideration. The City Commission may, at the written request of the developer, extend its approval for no more than one calendar year,
except that the City Commission may extend its approval for a period of more than one year if
that approval period is included as a specific condition of a written subdivision improvements
agreement between the City Commission and the developer, provided for in §18.74.060, BMC.
The preliminary plat for Meadow Creek Phase II was approved by the City Commission on March 21, 2011. The approval is in effect for three years (March 21, 2014).
b. 18.04.050 - Water rights, or cash-in-lieu thereof, as calculated by the City Engineer’s Office, is
due with each final plat(s) of the major subdivision.
City Engineer’s Office has accepted the cash in-lieu of water rights for phase 2 as calculated
by the applicant and provided written verification.
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.
Required notation is contained in Architectural Design Standards, page 11.
d. 18.42.040.B “Block Lengths” - All block lengths shall not be more than 400 feet in length or less than 300 feet in length, unless a variance to Section 18.42.040.B of the Bozeman Unified
Development Ordinance is granted by the City Commission.
A variance to block lengths was granted by the City commission on March 21, 2011 with the
preliminary plat application.
e. 18.42.050 “Utilities” - Utilities shall be placed underground, wherever technically and economically feasible. If overhead utility lines are used, they shall be placed along the rear
property line.
Applicant’s narrative notes this requirement. All utilities are proposed to be installed
underground; no overhead or rear yard utilities are being proposed.
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 of the HOA documents.
g. 18.42.060.D.4 – States that storm water runoff from a development shall not be discharged directly to an irrigation facility. This will further require all storm water facilities to be
designed in a manner that addresses the criteria set forth by the Planning Office.
Applicant’s narrative acknowledges this regulatory standard and no runoff will discharge
directly into an irrigation facility.
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h. 18.42.120 - If mail will not be to each individual lot within the development, the developer
shall provide an off-street area for mail delivery within the development in cooperation with the United States Postal Service. All cluster mail boxes must be ADA accessible and placed accordingly. It shall not be the responsibility of the City to maintain or plan any mail delivery
area constructed within a City right-of-way.
Comments from USPS suggested two alternative cluster mail box locations. The Applicant
has installed the mail boxes in an approved location with the Phase 1.
i. 18.42.150 – That the Lighting Plan shall reflect the standards outlined in the U.D.O. A lighting plan shall be submitted for review and approval prior to the contracting, creation of an SLID
and installation of the lights. The plan shall include a pole light detail with spacing based on
high pedestrian conflict, a local street pole light at one per local street intersection, and a
bollard light detail for placement at pathway/street intersections. All lights including the bollard light shall conform to the City’s requirement for cut-off shields.
The City Engineer’s Office has reviewed and approved the SLID for this subdivision. The SLID was for approval by the City Commission on August 13, 2012. Phase 2 will be
incorporated into the existing SLID.
j. 18.44.010.A “Streets” - When a proposed development adjoins undeveloped land, and access to the undeveloped land would reasonably pass through the new development, streets within the proposed development shall be arranged to allow suitable development of the adjoining
undeveloped land. Streets within the proposed development shall be constructed to the
boundary lines of the tract to be developed, unless prevented by topography, or other physical
conditions, in which case a subdivision variance must be approved by the City Commission.
Streets have been constructed to the phase boundary for phase 2.
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 streets within this phase are designated as transit routes. In addition comments from Streamline Transit for phase 1 indicate that a transit stop is not necessary with this major
subdivision.
l. 18.46.020.B “Parking Within Structures” – The homeowners’ association documents shall include language stating the minimum provisions for one-stall and two-stall car garages as outlined by Administrative Policy No. 2007-03.
Page 15 of the Design Guidelines of the HOA documents includes language addressing car
garages.
m. 18.48.050.F “Street Frontage’ – The homeowner’s association documents shall contain language stating that all street rights-of-way contiguous to or within the proposed development site not used for street pavement, curbs, gutters, sidewalks or driveways (i.e., street boulevards)
shall be landscaped, as defined in the Bozeman Municipal Code, and shall include one (1) large
canopy tree for each 50 feet of total street frontage rounded to the nearest whole number.
Section 6.3(b) of the HOA documents includes said language.
n. 18.48.070 “Landscaping of Public Lands” - Requires the subdivider to install irrigation, sod and street trees on all external streets (i.e., South 19th Avenue) and adjacent to public parks or
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other open spaces. Trees may not be located within 10 feet of sewer and water services.
Sewer and water services shall be shown on the landscaping plan of the park and open space plan, and approved by the Water/Sewer Superintendent. A landscape plan prepared by a certified nurseryperson shall be submitted, identifying the location and tree species to be
installed by the developer, prior to installation of the trees or prior to final plat approval,
whichever comes first.
Improvements along public parkland and open space areas will be financially guaranteed to be completed within one year of filing the final plat. A landscape plan prepared by a certified nursery person has been submitted to the City of Bozeman and approved, identifying the location and tree species t0 be installed by the developer.
o. 18.48.070 – Irrigation, sod and street trees on all external streets and adjacent to public parks or
other opens spaces is required of the developer. It is recommended that internal streets also be landscaped with boulevard trees to maintain consistency with an urban streetscape throughout the subdivision. A landscape plan shall be submitted, identifying the location and tree species
to be installed by the developer, prior to installation of the trees or final plat, whichever comes
first.
Applicant has met this condition based on the approved Landscape Plan included in the Park Master Plan.
p. 18.50.020 “Park Area and Open Space Requirements’ - Subject to the review and
recommendation of the Recreation and Parks Advisory Board, the Parks and Recreation
Superintendent and final approval by the City Commission the proposed parkland dedication
requirements. Documentation of satisfaction of parkland dedication requirements in accordance with Section 18.50.020 of the BMC shall be provided. A table showing the computed park areas shall be included on the final plat pursuant to Section 18.78.070.D of the
BMC. This table shall include but is not limited to detention/retention areas, watercourse,
wetlands, watercourse setbacks, park land, and total area.
Required parkland dedication calculations are included on the final plat and final approval of the Park Master Plan and include the required park land dedication for Phase 2. Parkland dedication is being provided through the Interim Park easement.
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 and Amendment #1 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.
The Park Master Plan has been reviewed and approved by the Parks Advisory Board and the City commission. With approval of the park master plan the 100 percent street frontage is not required due to restraints with physical features. A six (6) foot wide gravel surface trail
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was constructed in the Shady Lane Park connecting South 19th to the internal streets, with
the development of phase 1.
s. 18.50.080.D “Storm Water Detention/Retention Ponds” – The park master plan shall provide a grading and landscape plan for any storm water facilities located in dedicated parklands. All
storm water retention or detention facilities may be located within a park but not counted
towards the final parkland dedication. All areas identified in the subdivision for the purposes
of retention/detention storm water facilities shall be noted on the subdivision plat as “Common Areas” owned and maintained by the property owner's association, and noted accordingly in the property owner's association documents, for review and approval by the Planning Office.
All storm water facilities must be designed in a fashion that is landscaped as effective
landscape features (i.e., not rectangular or box-like), with slopes not more than 1:4 , or 25%,
with an average depth of not more than two feet. All collection and outlet facilities must also be properly landscape and screened from the general public. All storm water facility outlet structures will be properly landscape and a minimum distance of not less than thirty (30) from
any watercourse high water mark will be required. Placement and design of the facilities will
be approved by both the City Engineer’s Office and Planning Office.
There are no proposed retention/detention storm water facilities located in the park areas.
t. 18.50.090 “Waiver of Park Maintenance District - Waivers of right to protest creation of special improvement districts (SIDs) for a park maintenance district shall be executed and
submitted by the developer with the final plat to be filed with the Gallatin County Clerk and
Recorder at the time of final plat recordation.
Waiver of Park Maintenance District was executed with the JCD Annexation Agreement.
u. 18.50.110 – Pathways must be maintained by the developer in conformance with the approved maintenance plan until 50% of the lots are sold. Thereafter, the homeowner’s association is
responsible for pathway maintenance. Plans and specifications for the trail will need to be
reviewed by the Parks Department prior to construction. A 6-foot wide Type II Class trail is
recommended along the watercourse corridor with the placement appropriate pedestrian crossings at all intersections with interior subdivision streets. A typical cross section of the public trail shall be included in the landscape guidelines and will include trail specifications,
typical landscape guidelines, and site grading plans for review and approval prior to final plat
approval.
Said information is included in the homeowner’s association documents and the park master plan. In addition, the six (6) foot wide gravel surface trail was constructed in the Shady Lane Park connecting South 19th to the internal streets, with the development of phase 1.
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
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of Graf Street, Blackwood Street, and South 27th Avenue for all lots fronting onto the minor
arterial streets or collectors, 9) provisions that outline the renewal of an annual contract with a certified landscape nursery person for the upkeep and maintenance of all parklands, common open space, trails, etc., 10) landscape details for detention ponds, outlet structures, boulevard
trees, parkland, irrigation, etc., 11) mitigation of groundwater with established floor elevations
and no basement restriction, 12) provisions for the maintenance of agricultural fences and no
trespassing on adjacent properties during construction activity, 13) architectural guidelines for residential character, porches, fenestration treatment, placement of garages, boulevard trees, 14) noxious weed control, 15) parking within residential structures, 16) assessment of existing
and future Special Improvement Districts, 17) protection of downstream water users, 18) no
basement restriction, and 19) floor elevations constructed a minimum of two (2) feet or more
above the base flood elevation.
These documents shall be submitted to the city attorney and shall not be accepted by the City until approved as to legal form and effect. A draft of these documents must be submitted for
review and approval by the Planning Department at least 45 working days prior to filing and
recordation with the Gallatin County Clerk and Recorder. These documents shall be executed
and submitted with the final plat to be filed with the Gallatin County Clerk and Recorder at the time of final plat recordation.
Original, executed HOA documents were reviewed and approved by the City with Southbridge Phase 1 which was reviewed and approved by the City Commission on
September 26, 2012. A copy of the HOA documents provides reference to the above
disciplines.
w. 18.74.020.A.2 - All construction activities shall comply with Section 18.74.020.A.2 of the Unified Development Ordinance. This shall include routine cleaning/sweeping of material that
is dragged to adjacent streets. The City may require a guarantee as allowed for under this
section at any time during the construction to ensure any damages or cleaning that are required
are complete. The developer shall be responsible to reimburse the City for all costs associated with the work if it becomes necessary for the City to correct any problems that are identified.
The Developer acknowledges this requirement.
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 improvements not covered by the Southbridge Phase 2 Improvements Agreement are completed by the Developer. Improvements not completed are addressed in the attached Improvement Agreement.
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.”
The final plat and homeowner’s association documents include the required language.
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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.
A cultural resource inventory of the site was completed and submitted to the City with the
preliminary plat application.
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. Written verification was provided with the final plat application.
bb. 18.78.070.D of the BMC requires a Final Park Plan to be approved by the City Commission, with a recommendation from the Bozeman Recreation and Parks Advisory Board, prior to Final Plat approval. Four bound copies of the plan shall be submitted to the Planning Office
for review prior to installation of any improvements or prior to Final Plat submission,
whichever comes first. The Park Plan shall address all of the criteria outlined in Section
18.78.060.P of the BMC.
Park master plan was reviewed and approved by the City commission, prior to Phase 1 approval, on September 10, 2012 and amended.
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.
The final plat was prepared by the professional engineering, licensed in the state of Montana and meets all Bozeman Municipal Code and Uniform Standards for Final Subdivision Plats and is accompanied by all required documents.
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.
As-built drawings will be submitted with completion of improvements and prior to release of
financial guarantee for said improvements.
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.
Addendum I to Meadow Creek Parks Master Plan identifies responsible parties for park improvements. Landscape improvements along South 19th Avenue to the extent of this
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Phase has been installed by the developer and accepted with the Parks & Cemetery
Superintendant.
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.
Said information is included in the homeowner’s association documents and the park master plan. In addition, the six (6) foot wide gravel surface trail was constructed in the Shady Lane Park connecting South 19th to the internal streets, with the development of phase 1.
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.
Original, executed HOA documents were reviewed and approved by the City with Southbridge Phase 1 which was reviewed and approved by the City Commission on
September 26, 2012. A copy of the HOA documents provides reference to the above
disciplines.
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
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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.
Park master plan was reviewed and approved by the City Commission, prior to Phase 1
approval, on September 10, 2012 and amended.
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.
A cultural resource inventory of the site was completed and submitted to the City with the
preliminary plat application.
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.
An updated weed control plan has been approved and a contract executed with a local weed
control applicator. Written verification was provided with the final plat application.
kk. That the applicants verify that that all subdivision lots have the minimum required lot width at
the front yard setback.
Based on an examination of the final plat minimum required lot width at the front yard
setback is met. In addition, the Applicant has verified that all subdivision lots have a
minimum required lot widths at the front yard setbacks.
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 was prepared by the professional engineering, licensed in the state of
Montana and meets all Bozeman Municipal Code and Uniform Standards for Final Subdivision Plats and is accompanied by all required documents.
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 indicates they have obtained approval from DEQ.
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).
Waiver of Park Maintenance District was executed with the JCD Annexation Agreement.
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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.
All necessary utility easements are shown on the face of the final plat.
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.
The developer 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
method of security equal to one hundred fifty (150) percent of the cost of the remaining
improvements.
An Improvements Agreement has been requested to complete all improvements in accordance with the Preliminary Plat approval.
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 developer acknowledges this requirement.
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.
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A Stormwater Master Plan was reviewed and approved by the City Engineer with previous
phases of the Southbridge (Meadow Creek) Subdivision.
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.
Plans and specifications and a detailed design report for the public infrastructure, prepared
by a professional engineer, has been previously submitted and approved by the City
Engineer and DEQ. The sewer and water mains and appurtenances have been installed, inspected, tested and accepted by the City. Inspection services for the infrastructure improvements will be contracted with a professional engineer, by the developer.
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.
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 have been
constructed.
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.
The required notation is included in the Notes on the face of the final plat. In addition, the notation is included in the subdivision covenants.
ww. The location of existing water and sewer mains shall be properly depicted. Proposed main
extensions shall be noted as proposed.
Pursuant to Standards for Certificates of Survey and Subdivision Plats (24.183.1104 and 24.183.1104 ARM) the location of water and sewer mains are not show on the plat. All design and construction documents have been reviewed and approved by City Engineering.
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 permits were acquired with the preliminary plat and previous phases of the
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.
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All Easements for water and sewer mains are a minimum of 30 feet in width as shown on
the final plat. All mains are a minimum of 10 feet from the edge of the easement.
zz. Project phasing shall be clearly defined including installation of infrastructure.
Phasing is shown on the final plat..
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.
The City Engineering Office (Bill Stetzner) has approved the addressing plan for this development.
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.
A construction route map was included with the final plat application.
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.
The Applicant acknowledges this requirement.
Note: The Engineering Department has also reviewed and approved the “closure” of the final plat.
Attachments: Three (3) Mylar Final Plats and One (1) Blackline Copy Applicant’s Written Narrative and Complete Submittal Original Platting Certificate
Copy of Improvements Agreement Copy of Financial Guarantee
Copy of Findings of Fact and Order
cc: Holyoke IV, Inc., c/o Andy Holloran, 101 West Prairie Shopping Center, #373, Hayden, ID 83835
Madison Engineering, c/o Chris Budeski, 895 Technology Blvd., Ste 203, Bozeman, MT 59718
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