HomeMy WebLinkAboutAuthorize Kagy Gardens Minor Subdivision Final Plat, P14012 Commission Memorandum
REPORT TO: Honorable Mayor and City Commission FROM: Tim Cooper, Assistant City Attorney
Tom Rogers, Planner II
SUBJECT: Kagy Gardens Minor Subdivision Final Plat
MEETING DATE: April 21, 2014
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Upon the Director of Public Work’s review and concurrence, the
City Commission approves the Final Plat of Kagy Gardens Minor Subdivision, and authorizes
the Director of Public Service to execute the same on behalf of the City of Bozeman. BACKGROUND: This is a request for approval of the Final Plat for Kagy Gardens Minor
Subdivision, a five-lot, residential subdivision located on the north side of Kagy Boulevard, west
of Sourdough Road. At its October 7, 2013 public hearing, the Bozeman City Commission voted
to conditionally approve the Kagy Gardens Minor Subdivision Preliminary Plat. The applicant applied for final plat approval on February 26, 2014, and staff has concluded all terms and
conditions of 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 the state subdivision law and regulations 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.
The County Treasurer has certified that the taxes and special assessments have been paid.
Attached is a memorandum from Tom Rogers, Planner II, delineating how the conditions of preliminary plat approval have been satisfied.
UNRESOLVED ISSUES: None identified
ALTERNATIVES: None identified. As directed by the City Commission.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased
property tax revenues from new development, along with increased costs to deliver municipal
services to the property.
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Attachments: Staff Memo; Final Plat
Report compiled on: April 15, 2014
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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: FINAL SUBDIVISION PLAT REVIEW KAGY GARDENS MINOR
SUBDIVISION; PLANNING FILE NO. P14012
DATE: MARCH 27, 2014
C&H Engineering and Surveying, Inc. on behalf of Panache Properties, LLC, have made application to the City of Bozeman Department of Community Development for Final Plat review and
approval for the Kagy Gardens Subdivision, a five (5) lot subdivision.
On October 7, 2013, the City Commission granted preliminary plat approval to subdivide 2.7172 acres
together with the required supplementary plans and information to create five (5) single-household residential lots, open spaces, and streets. Attached is a copy of the signed Findings of Fact and Order
dated October 7, 2013.
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., landscaping in
public right-of-way 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.
A complete application was submitted to the Community Development Department on February 26,
2014. Based on the applicant having submitted a complete application on February 26, 2013 for final plat review and approval, and further finding that the application was deemed complete on February 26,
2014, the 45-day (working days) review period for this final plat would expire on April 30, 2014.
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The conditions of preliminary plat approval, which are pertinent to this major subdivision, and how they
have been met, follow:
1. Section 38.28.060.A.3 requires a sign permit to be obtained prior to establishing a subdivision
identification sign or other permanent sign.
Response: No subdivision identification signs are proposed for the subdivision.
2. Section 38.39.030 requires that the applicant shall provide for private improvements certification by
the architect, landscape architect, engineer and other applicable professionals that all improvements
including, but not limited to landscaping, ADA accessibility requirements, private infrastructure, or
other requirement elements were installed in accordance with the approved site plan, plans and
specifications.
Response: The required certification is shown on the face of the plat. All improvements with the exception of what is detailed in the Improvement Agreement, has been completed and certified by
the appropriate professional.
3. The final plat shall conform to all requirements of the Bozeman Municipal Code (BMC) 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 certificates. The final plat application shall include
three (3) 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 BMC 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 March 7, 2014.
4. 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 be 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.
5. The final plat shall provide all necessary utility easements and shall be described, dimensioned and
shown on 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.
Response: The final plat depicts and dimensions required utility easements in the true and correct
locations.
6. Section 38.26.070 “Landscaping of Public Lands” – Installation by the developer of vegetative
ground cover, boulevard trees, and irrigation system in the public right-of-way boulevard strips
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along all external perimeter development streets or other open space areas is required with the final
plat application.
Response: Landscaping of public lands improvements 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 to be installed by the developer.
7. All construction activities shall comply with section 38.39.020.A.2 of the Unified Development
Code. 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.
Response: The construction site has been cleaned. Public improvements are under a 2-year
warrantee to aid in addressing any issues that may arise.
8. 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 public streets and all lots must be provided to
and approved by the City Engineer.
The master plan must depict the maximum sized retention/detention 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 a 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., general 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.
Response: A Stormwater Design Report was submitted, reviewed and approved by the City Engineering Department. Public road rights-of-way storm water retention are handled within
public open space. No runoff will be dei9scharged directly into Bozeman creek. As detailed in
Section P of the subdivision CCRs, private lot owners must construct individual stormwa6er retention facilities to limit post development runoff leaving the a lot to pre-construction conditions.
9. 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
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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 will be issued prior to substantial completion and City acceptance of
the required infrastructure improvements unless all of the requirements of section
38.39.030.D Unified Development Code are met to allow for concurrent construction.
Response: All plans and required submittals have been submitted and reviewed by the City
Engineering Department. 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.
10. 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.
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.
Response: All infrastructure improvements, including sidewalks within the subdivision, have been constructed.
11. The location of existing water and sewer mains shall be properly depicted. Proposed main
extensions shall be noted as proposed.
Response: The location of existing and constructed water and sewer mains has been properly
depicted on construction and as-built drawings. Water and sewers infrastructure has been reviewed and approved by the City Engineering Department.
12. A Stormwater Management Permit (SMP) must be submitted and approved by the City Engineer
prior to construction of public infrastructure improvements. The SMP requires submittal of an
application form, a stormwater management plan, and payment of fees in compliance with the city’s
stormwater management ordinance #1763. The SMP is independent of any other stormwater
permitting required from the state of Montana and does not fulfill the requirement to obtain a general
permit for stormwater discharges associated with construction activity if required under state rules.
Response: A Stormwater Management Permit was submitted and approved reviewed and approved by the City Engineering Department..
13. Water mains longer than 500’ in length shall be looped.
Response: No water mains are longer than 500 feet.
14. Easements and R/W located on and adjacent to the site shall be depicted and labeled appropriately.
Distinction between proposed and existing easements shall be made.
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Response: The location of R/Ws are located on and adjacent to the site are depicted and labeled
appropriately.
15. Water and sewer mains and services shall maintain a minimum horizontal separation of 10’ from
landscape trees and lot lighting improvements.
Response: The location of water and sewer mains and services are a minimum horizontal separation of
10’ from landscape trees and lot lighting improvements.
16. 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.
Response: Addresses have been assigned to the subdivision.
17. 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, etc.) shall be obtained prior to construction.
Response: No permits requiring MDEQ, Army Corps, or other agency were required.
18. 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.
Response: The construction site has been cleaned. Public improvements are under a 2-year warrantee to aid in addressing any issues that may arise
Bozeman Municipal Code Provisions:
1. Pursuant to Section 38.03.040.A.5(f), conditional approval of the preliminary plat shall be in force
for not more than one calendar year. Prior to that expiration date, the applicant 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 applicant, extend its
approval for a mutually agreed upon time. More than one extension may be requested for a
particular subdivision. Each request shall be considered on its individual merits as provided for in
Section 38.03.040.A.5(g), BMC.
The preliminary plat for Kagy Gardens was approved by the City Commission on August 26, 2013. The approval is in effect for three years (August 26, 2016).
2. Pursuant to Section 38.03.060.A.1, 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 has been satisfactorily addressed, and specifically (tab, page, paragraph, etc.) where this information can be found.
Provide with the final plat application.
3. Pursuant to Section 38.23.060.A, all easements, existing and proposed, shall be accurately depicted
and addressed on the final plat and in the final plat application.
The required easements are show on the face of the plat.
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4. Pursuant to Section 38.27.090, executed waivers of right to protest the creation of special
improvement districts (SIDs) for a park maintenance district will be required to be filed and of record with the Gallatin County Clerk and Recorder.
The required waiver is provided and notarized and will required to be filed with the Clerk & Recorder with the final plat.
5. Section 38.41.050.A.8 requires that any noxious weeds be identified and mapped by a person with
experience in weed management and knowledgeable in weed identification. A noxious weed management and revegetation plan, approved by the County Weed Control District, shall be submitted with the final plat.
An approved noxious weed management plan has been prepared for the subdivision.
6. When applicable, the final covenants, conditions, restrictions and easements shall be submitted
with the final plat application for review and approval by the Planning Department and shall contain, but not be limited to, the provisions required in Section 38.38.020, BMC.
The final covenants, conditions, restrictions and easements were submitted with the final plat application for review and approval by the Planning Department. The documents appear to
contain the necessary language.
7. Pursuant to Section 38.39.010., if it is the developer’s intent to file the final plat prior to installation, certification, and acceptance of all required improvements by the City of Bozeman, 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.
All improvements not covered by the Kagy Gardens Improvements Agreement are completed by the Developer. Improvements not completed are addressed in the attached Improvement
Agreement.
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: Mr. David Sovulewski, Panache Properties, LLC, 4152 Penwell Bridge Road, Belgrade, MT 59714
C&H Engineering and Surveying, Inc., 1091 Stoneridge Drive, Bozeman, MT 59718
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