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HomeMy WebLinkAboutThe Meadows Preliminary Plat for Minor Subdivision, P14009P-14009, Staff Report for THE MEADOWS MINOR SUBDIVISION Page 1 of 21 P14009, Staff Report for The Meadows Subsequent Minor Subdivision Public Hearing Dates: City Commission meeting is on April 21, 2014 Project Description: A preliminary plat for a minor subdivision to further subdivide an existing 16,774 square foot lot to create five (5) single-household residential lots. Project Location: The project is generally located on the northwest corner of Kimball Avenue and Tilton Street. The property is legally described as Lot 146 of Valley West Subdivision Phase 3D, Located in the Northwest One-Quarter (NW ¼) of Section 10, Township Two South (T2S), Range Five East (R5E), PMM, City of Bozeman, Gallatin County, Montana. Recommendation: Approval with conditions Recommended Motion: “Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application P14009 and move to approve The Meadows Subsequent Minor Subdivision with conditions and subject to all applicable code provisions.” Report Date: Tuesday, April 15, 2014 Staff Contact: Tom Rogers, Associate Planner Dustin Johnson, Development Review Engineer Agenda Item Type: Action (Quasi-judicial) EXECUTIVE SUMMARY Unresolved Issues There are no known unresolved issues at this time. Project Summary The property owner, the John & Laree Tribitt Living Trust, P.O. Box 181, Pinedale, WY 82941, represented by Madison Engineering, Inc., 895 Technology Boulevard, Suite 203, Bozeman, MT 59715 submitted application to further subdivide one (1) existing lot within the Valley West Phase 3D Subdivision to create five (5) single-household residential lots. The existing lot was originally contemplated as a five (5) unit condominium development. There is no change in the density of the development. The newly created lots will be required to be added to the existing property owners association (POA) and provide their fair share of park and other related maintenance activities performed by the POA. No additional right of way or parkland is required for this subdivision. No subdivision or zoning variances are requested. 96 P-14009, Staff Report for THE MEADOWS MINOR SUBDIVISION Page 2 of 21 Alternatives 1. Approve the application with the recommended conditions; 2. Approve the application with modifications to the recommended conditions; 3. Deny the application based on the Commission’s findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................................................................ 1 Unresolved Issues ............................................................................................................... 1 Project Summary ................................................................................................................. 1 Alternatives ......................................................................................................................... 2 SECTION 1 - MAP SERIES .......................................................................................................... 3 SECTION 2 – REQUESTED VARIANCES ................................................................................. 8 SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL ............................................ 8 SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ........................ 9 SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS .............................................. 9 SECTION 6 - STAFF ANALYSIS and findings .......................................................................... 10 Applicable Subdivision Review Criteria, Section 38.03.040, BMC................................. 10 Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 11 Preliminary Plat Supplements ........................................................................................... 13 APPENDIX A –ADVISORY CODE CITATIONS ..................................................................... 16 APPENDIX B – PROJECT SITE ZONING AND GROWTH POLICY ..................................... 18 APPENDIX C – DETAILED PROJECT DESCRIPTION AND BACKGROUND.................... 18 APPENDIX D – NOTICING AND PUBLIC COMMENT ......................................................... 20 APPENDIX E – OWNER INFORMATION AND REVIEWING STAFF ................................. 20 FISCAL EFFECTS ....................................................................................................................... 21 ATTACHEMENTS ...................................................................................................................... 21 97 P-14009, Staff Report for THE MEADOWS MINOR SUBDIVISION Page 3 of 21 SECTION 1 - MAP SERIES Vicinity Map showing adjacent zoning Surrounding Zoning and Land Uses North: Open space within the Valley West subdivision zoned R-3 (Residential Medium Density District). South: Partially developed land within the Valley West subdivision zoned R-3 (Residential Medium Density District). East: Multi household structure within the Valley West subdivision zoned R-3 (Residential Medium Density District). West: Single household development within the Valley West subdivision zoned R-3 (Residential Medium Density District). 98 P-14009, Staff Report for THE MEADOWS MINOR SUBDIVISION Page 4 of 21 99 P-14009, Staff Report for THE MEADOWS MINOR SUBDIVISION Page 5 of 21 100 P-14009, Staff Report for THE MEADOWS MINOR SUBDIVISION Page 6 of 21 101 P-14009, Staff Report for THE MEADOWS MINOR SUBDIVISION Page 7 of 21 Figure 1: The Meadows Preliminary Plat (portion) 102 P-14009, Staff Report for THE MEADOWS MINOR SUBDIVISION Page 8 of 21 SECTION 2 – REQUESTED VARIANCES No variances are requested as noted in the Executive Summary. 1) No variances are being requested. SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. These conditions are specific to the planned unit development. Recommended Conditions of Approval: 1. The plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey and Subdivision Plats (24.183.1104 ARM) 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 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 Gallatin County Clerk & Recorder’s office has elected to continue the existing medium requirements of 2 mylars with a 1½” binding margin on one side for both plats and COS’s. The Clerk and Recorder will file the new Conditions of Approval sheet as a separate document from the Plat. This accompanying sheet may either be on a same sized mylar sheet or a letter or legal paper document with up to 11x17 exhibits. 2. 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. 3. 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. 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. 5. Pursuant to Section 38.24.090.B.2, BMC, legal and physical access shall be provided by an improved alley and a greenway corridor trail with public access. Applicant shall continue the construction of the existing 5 foot concrete sidewalk within the Valley West Phase 3D Open Space No. 10 adjacent to the subject property to Kimball Avenue 103 P-14009, Staff Report for THE MEADOWS MINOR SUBDIVISION Page 9 of 21 boulevard sidewalk to City standards. This option may require additional improvements to the alley to accommodate emergency access, snow removal and storage, and the provision of utilities. The alley may also require signage for the provision of emergency services. 6. 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 38.39.020.A.1 of the Unified Development Ordinance. This shall be submitted as part of the final site plan for site developments, or with infrastructure plans for subdivisions. It shall be the responsibility of the applicant to ensure that the construction traffic follows the approved routes. 7. All construction activities shall comply with section 38.39.020.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. 8. All water and sewer service lines shall be located in the standard location as approved by the water/sewer superintendent. SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS A. None have been identified at this time. SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS Project Name: The Meadows Minor Subdivision preliminary plat File: P4009 Development Review Committee The Development Review Committee (DRC) reviewed the Preliminary Plat application on March 12 and 19, 2014. On March 19, 2014, the DRC determined the submittal contained detailed, supporting information that is sufficient to allow for the review of the proposed subdivision; and as a result, finds that the application, with conditions, is in compliance with the adopted growth policy, the Montana Subdivision and Platting Act and the Unified Development Code. On March 19, 2014, the DRC recommended conditional approval of the preliminary plat application. 104 P-14009, Staff Report for THE MEADOWS MINOR SUBDIVISION Page 10 of 21 SECTION 6 - STAFF ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, and plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis is a summary of the completed review. Applicable Subdivision Review Criteria, Section 38.03.040, BMC. In considering applications for subdivision approval under this title, the advisory boards and City Commission shall consider the following: 1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act The preliminary plat has been prepared in accordance with the survey requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. As noted in recommended condition No. 1, the final plat must comply with State statute, Administrative Rules of Montana, and the Bozeman Municipal Code. 2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act The final plat shall comply with the standards identified and referenced in the Unified Development Code (UDC). The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as a condition 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. Therefore, the subdivision will be in compliance with the subdivision regulations. 3) Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act The hearings before the City Commission have been properly noticed as required by the Bozeman UDC. Based on the recommendation of the DRC and other applicable review agencies, as well as any public testimony received on the matter, the City Commission will make the final decision on the applicant’s request. A preliminary plat application was submitted on January 31, 2014 and after the receipt of additional information required by Title 38 of the Bozeman Municipal Code (BMC) on February 19 and 24, 2014 the application was deemed acceptable for initial review on February 25, 2014. The preliminary plat was reviewed by the DRC on March 12 and 19, 2014. The DRC and Staff determined the submittal contained detailed, supporting information that is sufficient to allow for the review of the proposed subdivision on March 19, 2014. 105 P-14009, Staff Report for THE MEADOWS MINOR SUBDIVISION Page 11 of 21 Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday, April 6, 2014. The site was posted with a public notice on April 4, 2014. Public notice was sent to physically adjacent property owners via certified mail, and to all other property owners of record within 200 feet of the subject property via first class mail, on April 3, 2014. No comment has been received as of the production date of this report. On April 10, 2014 this subsequent minor subdivision staff report was drafted and forwarded with a recommendation of conditional approval by the Director of Community Development for consideration by the City Commission which is scheduled to make a final decision at their April 21, 2014 public hearing. The final decision for a Subsequent Minor Subdivision Preliminary Plat must be made within 60 working days of the date it was deemed adequate; or in this case by June 12, 2014. 4) Compliance with Chapter 38, BMC and other relevant regulations Based on review of the DRC and the Department of Community Development all applicable regulations appear to be met. Pertinent code provisions and site specific requirements are included in this report for City Commission consideration. 5) The provision of easements to and within the subdivision for the location and installation of any necessary utilities As noted under Staff Finding No. 2 above and required 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. Therefore, all utilities and necessary utility easements will be provided and depicted accordingly on the final plat. 6) The provision of legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel All of the proposed lots have frontage to public streets constructed to City standards with lot frontage meeting minimum standard shown on the preliminary plat. In addition, pursuant to Section 38.24.090.A, BMC, plats shall contain a statement requiring lot accesses to be built to the standard contained in this section, the city design standards and specifications policy, and the city modifications to state public works standard specifications. Primary Subdivision Review Criteria, Section 76-3-608 1) The effect on agriculture The subject property is designated as a residential area according to the City of Bozeman Community Plan. The area is zoned for residential development, and has previously undergone subdivision review and approval, and has begun to be developed. Therefore, this subsequent subdivision will not have adverse effects on agriculture. 106 P-14009, Staff Report for THE MEADOWS MINOR SUBDIVISION Page 12 of 21 2) The effect on Agricultural water user facilities No agricultural water user facilities were identified on the subject property. As noted under criteria one above the property is designated as a residential area according to the City of Bozeman Community Plan. The area is zoned for residential development, has previously undergone subdivision review and approval, and has begun to be developed. Therefore, this subsequent subdivision will not have adverse effects on agricultural water user facilities. 3) The effect on Local services Water/Sewer – Municipal water and sewer mains exist in the adjacent alley right-of-ways. No additional water and sewer mains are required to service the proposed subdivision. Each lot will connect to the newly constructed water and sewer mains designed to the appropriate design standard and shall be located in the standard location as approved by the water/sewer superintendent. The proposed density is identical to that previously approved for the site therefore; little if any additional impacts on local services will be caused by this subdivision. Streets – The DRC has determined that the adjacent streets have capacity to accommodate this development. Following new water and service line installations to accommodate the new lots/development, all street improvements will be constructed to acceptable City standards with curb, gutter, pavement, boulevard sidewalks and storm water facilities. Police/Fire – The property is located within the City’s Police and Fire emergency response area. The subdivider must obtain addresses for the new lots from the City Engineer’s Office prior to filing the final plat to facilitate emergency response to the site. Stormwater - The standard requirement for a detailed review of the final grading and drainage plan, and approval by the City Engineer, will be required as part of the infrastructure plan and specification review process prior to final plat approval. Specific locations for storm water areas are show on the face of the plat. Parklands – A waiver was requested and granted for Parks and Recreation Facilities Supplement information as the site is within an existing subdivision and zoned to allow up to five (5) units. The applicant proposed utilizing previously dedicated parkland credits from the original Valley West Subdivision to meet Section 38.27, BMC. No additional density is proposed. 4) The effect on the Natural environment No significant physical or topographical features have been identified, (e.g., outcroppings, geological formations, steep slopes), on the subject property. Provisions will be made to address the control of noxious weeds and maintenance of the property and will be further addressed by inclusion in the existing protective covenants and compliance with the recommended conditions of approval. 5) The effect on Wildlife and wildlife habitat The further subdivision of the existing lot will have minimal impacts on wildlife and wildlife habitat. The impacts to the more important habitat areas were addressed and mitigated during 107 P-14009, Staff Report for THE MEADOWS MINOR SUBDIVISION Page 13 of 21 the review of the original subdivision and are preserved as open space and/or parklands. Further, the project is in a developing area identified for development. 6) The effect on Public health and safety The intent of the regulations in Chapter 38 of the Bozeman Municipal Code is to protect the public health, safety and general welfare. The subdivision has been reviewed by the DRC which has determined that it is in general compliance with the title. Any other conditions deemed necessary to ensure compliance have been noted throughout this staff report. In addition, all subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, Mont. Code Ann. and as a result, the Department of Community Development has reviewed this application against the listed criteria and further provides the following summary for submittal materials and requirements. Preliminary Plat Supplements A subdivision pre-application plan review was completed by the DRC on January 8, 2014. With the pre-application plan review application, waivers were requested by the applicant from Section 38.41.060 “Additional Subdivision Preliminary Plat Supplements” for several of the standard preliminary plat supplements due to the nature of this previously platted/developed property. The DRC granted waivers to the supplemental information under 38.41.060, BMC with the pre-application plan review application for: 1) groundwater 2) geology-soils-slopes, 3) surface water, 4) floodplains, 5) vegetation, 6) wildlife, 7) historical features, 8) agriculture, 9) agricultural water user facilities, 10) educational facilities, 11) land use, 12) neighborhood center 13) miscellaneous, 15) affordable housing, 16) stormwater management, 17) street, roads and alleys, 18) utilities, 19) parks and recreational facilities, and 20) lighting plan. A waiver to the supplemental information for 1) water and sewer was not granted. Staff offers the following summary comments on the supplemental information required with Article 38.41, BMC. 38.41.060.A.1 Surface Water There are no natural water systems, creeks, etc. remaining on the subject property. A stream exists in the open space adjacent to the subject property with an existing 100 foot watercourse setback, 50 feet on both sides within Open Space 7 and 10 of the Valley West Subdivision plat. 38.41.060.A.2 Floodplains Supplemental information waived by the DRC. There are no floodplains or wetlands on or within 100 feet of subject property. 38.41.060.A.3 Groundwater Supplemental information waived by the DRC. The subject property has previous undergone subdivision review. High groundwater was not an identified issue on the subject property. 108 P-14009, Staff Report for THE MEADOWS MINOR SUBDIVISION Page 14 of 21 38.41.060.A.4 Geology, Soils and Slopes Supplemental information waived by the DRC. The subject property has previously undergone subdivision review. There are no known geologic hazards associated with the site. The property is relatively flat minimizing geologic hazards. 38.41.060.A.5 Vegetation Supplemental information waived by the DRC. No significant or critical vegetation exists on the subject property. Noxious weeds are being controlled by the required Noxious Weed Management Plan. In addition, there are ongoing performance measures required with the Weed Management Plan to ensure control of noxious weeds on site. 38.41.060.A.6 Wildlife Supplemental information waived by the DRC. This is a developing urban area. 38.41.060.A.7 Historical Features Supplemental information waived by the DRC. This is a developing urban area. According to the Valley West subdivision submittal there was no indication of any prehistoric or historic cultural resources on the site. 38.41.060.A.8 Agriculture Supplemental information waived by the DRC. This is a developing area and this property is not used for agriculture. 38.41.060.A.9 Agricultural Water User Facilities Supplemental information waived by the DRC. This is a developing area and there no agricultural water user facilities on or adjacent to the site. 38.41.060.A.10 Water and Sewer Water for domestic and fire protection will be provided by connections to the City of Bozeman water system. Public infrastructure improvements adjacent to the property (roads, parks, water, and sewer) have been constructed to City of Bozeman standards around the perimeter of the property. Additional water and sewer lines will be constructed to serve each individual lot. The City Engineering Department has reviewed the plans. City Engineering conditioned (Condition 8) the subdivision that all water and sewer service lines shall be located in the standard location as approved by the water/sewer superintendent. 38.41.060.A.11 Stormwater Management Supplemental information waived by the DRC. This is in a developed urban area with on site storm water control. 109 P-14009, Staff Report for THE MEADOWS MINOR SUBDIVISION Page 15 of 21 38.41.060.A.12 Streets, Roads and Alleys Supplemental information waived by the DRC. This is in a developed urban area with all streets and alleys constructed to City standards. 38.41.060.A.13 Utilities All private utilities servicing the subdivision will be installed underground. The DRC and local review agencies did not identify any potential impacts and/or concerns with providing private utilities to the subdivision. The final plat shall provide public utility easements along all front, side and rear lot lines as required by Section 38.23.050, BMC. 38.41.060.A.14 Educational Facilities Supplemental information waived by the DRC. No additional density is being proposed with this subdivision. 38.41.060.A.15 Land Use Supplemental information waived by the DRC. The five (5) proposed lots comply with the existing zoning designation of R-3. 38.41.060.A.16 Parks and Recreation Facilities Supplemental information waived by the DRC. Required parkland and recreation facilities were dedicated with the original subdivision. 38.41.060.A.17 Neighborhood Center Plan Supplemental information waived by the DRC. A neighborhood center is not included with this subdivision. 38.41.060.A.18 Lighting Plan Subdivision or street lighting is not required pursuant to Section 38.23.150.B, BMC. No lighting is being proposed with this subdivision. 38.41.060.A.19 Miscellaneous Supplemental information waived by the DRC. The subdivision will not impact access to any public lands and there are no identified hazards in proximity to the subject property. 38.41.060.A.20 Affordable Housing Supplemental information waived by the DRC. The Workforce Housing requirements, Section 10.8, BMC, have been suspended by the City Commission. 110 P-14009, Staff Report for THE MEADOWS MINOR SUBDIVISION Page 16 of 21 APPENDIX A –ADVISORY CODE CITATIONS The following code provisions are identified for informational purposes as the project moves forward. These will need to be addressed as part of the final site plan application or other process step. a. Pursuant to Section 38.06.040.A.5.f of the BMC, conditional approval of the Preliminary Plat shall be in force for not more than one calendar year for minor subdivisions. Prior to that expiration date, the developer may submit a letter of request for the extension of the period to the Community Development Director for a mutually agreed-upon period of time. b. Section 38.39.030, BMC “Completion of Improvements” - 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. Application fees are required for an improvements agreement application at $400 or 1% of the amount to be guaranteed, whichever is greater. c. Section 38.39.030.B.2, BMC “Sidewalks”. The final plat and property owner’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 unless otherwise provided for in a building permit restriction and improvements agreement.” d. Final plats shall contain the applicable language for all certificates listed in Sections 38.06.020 through 38.06.110. e. 38.26.050.E “Street Frontage” – The property owners’ 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. For street trees, a City of Bozeman planting permit for street trees and obtaining utility locates is required 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. f. Section 38.23.050 “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. g. 38.23.120 - 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 111 P-14009, Staff Report for THE MEADOWS MINOR SUBDIVISION Page 17 of 21 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 plow any mail delivery area constructed within a City right-of-way. h. 38.39.030.B.2 “Sidewalks” – The final plat and property owners’ 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.” i. 38.41.050.A.8 – 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 Community Development Department prior to final plat approval. j. 38.41.070.A/5, BMC “Irrigation System As-Builts” - The developer shall provide irrigation system as-builts for all irrigation installed in public rights-of-way 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. k. 38.21.080.A, BMC Cleanup of property” - 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. l. Pursuant to City of Bozeman Design Standards and Specification Policy, Street Naming and Addressing, 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. m. 38.27.090 “Waiver of Park Maintenance District” – Prior to final plat approval 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, unless already filed with annexation. n. Section 34.04.010, BMC requires City standard sidewalk to be installed and properly depicted at the standard location (i.e. 1 foot off property line) along the street(s) frontage. Any deviation to the standard alignment or location must be approved by the City Engineer. 112 P-14009, Staff Report for THE MEADOWS MINOR SUBDIVISION Page 18 of 21 APPENDIX B – PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned “R-3” (Residential Medium Density District). The intent of the R- 3 residential medium density district is to provide for the development of one- to five-household residential structures near service facilities within the city. It should provide for a variety of housing types to serve the varied needs of households of different size, age and character, while reducing the adverse effect of nonresidential uses. Pursuant to Section 38.08.080, BMC, minimum net density in the R-3 District is five dwellings per net acre. A minimum is required to support efficiency in use of land and provision of municipal services, and to advance the purposes and goals of this chapter and the adopted growth policy. The existing lot (16,774 square feet) was intended to accommodate five (5) dwelling units in condominium ownership. The proposed subdivision will create five (5) residential single-household lots in townhome ownership with a net density of 12.9 units per acre. Adopted Growth Policy Designation: The property is designated as “Residential” in the Bozeman Community Plan. The Plan indicates that “This category designates places where the primary activity is urban density dwellings. Other uses which complement residences are also acceptable such as parks, low intensity home based occupations, fire stations, churches, and schools. High density residential areas should be established in close proximity to commercial centers to facilitate the provision of services and employment opportunities to persons without requiring the use of an automobile. Implementation of this category by residential zoning should provide for and coordinate intensive residential uses in proximity to commercial centers. The residential designation indicates that it is expected that development will occur within municipal boundaries, which may require annexation prior to development.” The dwelling unit density expected within this classification varies between 6 and 32 dwellings per net acre. APPENDIX C – DETAILED PROJECT DESCRIPTION AND BACKGROUND Project Description The property owner, the John & Laree Tribitt Living Trust, P.O. Box 181, Pinedale, WY 82941, represented by Madison Engineering, Inc., 895 Technology Boulevard, Suite 203, Bozeman, MT 59715 submitted application to replat one existing lot within the Valley West Subdivision to create five (5) single-household residential lots for townhome development. The existing lot was designated for a five-plex condominium development. With the exception of the pedestrian 113 P-14009, Staff Report for THE MEADOWS MINOR SUBDIVISION Page 19 of 21 walkways, all basic infrastructure has been installed pursuant to City Standards. All vehicular parking is accessed by the existing alley on the southern edge of the property as shown in the aerial image. Parkland will be provided by existing park areas dedicated with the original Valley West subdivision. The newly created lots will be required to be added to the existing property owners association (POA) and provide their fair share of park and other related maintenance activities performed by the POA. Project Background Phase 3D of Valley West Subdivision was platted in June 2007 to create a traditional neighborhood development with 105 lots for mixed density housing. Lot 146, the subject property, was included with this phase. Figure 2: Plat of Valley West Phase 3D, J-463 114 P-14009, Staff Report for THE MEADOWS MINOR SUBDIVISION Page 20 of 21 APPENDIX D – NOTICING AND PUBLIC COMMENT A subdivision pre-application was submitted on November 27, 2013. The pre-application was reviewed by the DRC on December 18, 2013 and January 8, 2014 and summary review comments were forwarded to the applicant in preparation of the preliminary plat application and granted numerous supplemental information waivers under 38.41.060, BMC. A preliminary plat application was submitted on January 31, 2014. Additional information was required per Title 38 of the Bozeman Municipal Code (BMC). After receiving additional information on February 19 and 24, 2014 the application was deemed acceptable for initial review on February 25, 2014. The preliminary plat was reviewed by the DRC on March 12 and 19, 2014. The DRC and Staff determined the submittal contained detailed, supporting information that is sufficient to allow for the review of the proposed subdivision on March 19, 2014. Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday, April 6, 2014. The site was posted with a public notice on April 4, 2014. Public notice was sent to physically adjacent property owners via certified mail, and to all other property owners of record within 200 feet of the subject property via first class mail, on April 3, 2014. No comment has been received as of the production date of this report. On April 10, 2014 this subsequent minor subdivision staff report was drafted and forwarded with a recommendation of conditional approval by the Planning Director for consideration by the City Commission is scheduled to make a final decision at their April 21, 2014 public hearing. A subsequent minor subdivision is subject to the review time of a major subdivision. The final decision for a Major Subdivision Preliminary Plat must be made within 60 working days of the date it was deemed adequate; or in this case by June 12, 2014. APPENDIX E – OWNER INFORMATION AND REVIEWING STAFF Owner: John & Laree Tribitt Living Trust, P.O. Box 181, Pinedale, WY 82941 Applicant: John & Laree Tribitt Living Trust, P.O. Box 181, Pinedale, WY 82941 Representative: Madison Engineering, Inc., 895 Technology Boulevard, Suite 203, Bozeman, MT 59715 Report By: Tom Rogers, AICP, Associate Planner 115 P-14009, Staff Report for THE MEADOWS MINOR SUBDIVISION Page 21 of 21 FISCAL EFFECTS No unusual fiscal effects have been identified. ATTACHMENTS 1. Staff Report 2. Applicant’s submittal materials The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street. 116 47804780H F WV LP MH WV CS W MH PTPHNPHN S 89 59’ 25" E - 137.28’ (R) S 89 59’ 25" E - 137.20’ (C)S 00 28’ 03" W - 122.21’ (R)S 00 28’ 03" W - 122.31’ (C)N 89 58’ 13" W - 137.28’ (R) N 89 56’ 28" W - 137.19’ (M)N 00 28’ 03" E - 118.06’ (R)N 00 28’ 03" E - 118.00’ (C)N 00 28’ 03" E - 122.17’ (R)N 00 28’ 03" E - 122.19’ (C)BASIS OF BEARINGS35.26’25.00’25.00’25.00’26.93’ 36.24’25.00’25.00’25.00’25.96’N 00 00’ 35" E - 122.22’N 00 00’ 35" E - 122.24’N 00 00’ 35" E - 122.26’N 00 00’ 35" E - 122.28’(406) 586-0262 | (406) 586-5740 FAX Suite 203, bozeman, mt 59715 895 Technology Boulevard PROJECT SURVEYOR: DRAWN BY: REVIEWED BY: DATE:PROJECT NO. Sec.T.R. 1/4 1 OF SHEET Scale 1" = ’ Sec.T.R. 1/4 586.4490 Fax 586.5599 Office Bozeman, MT 59715 Suite B 1970 Stadium Drive, 1 CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA TOWNSHIP 2 SOUTH, RANGE 5 EAST, P.M.M., IN THE NORTHWEST ONE-QUARTER OF SECTION 10, VALLEY WEST SUBDIVISION PHASE 3D LOCATED A MINOR SUBDIVISION OF LOT 146 OF PRELIMINARY AMENDED PLAT THIS SURVEY WAS PERFORMED FOR MADISON ENGINEERING THE PURPOSE OF THIS SURVEY IS TO CREATE A 5-LOT SUBDIVISION N (As Noted) The West Line of Lot 146 BASIS OF BEARING PROJECT AREA and across each area designated on this plat as "Utility Easement" to have and to hold forever. the construction, maintenance, repair and removal of their lines and other facilities in, over, under, cable television, water or sewer service to the public, the right to the joint use of an easement for whether public or private, providing or offering to provide telephone, electric power, gas, internet, The undersigned property owners, hereby grant unto each and every person, firm or corporation, hereby dedicated to public use. obligation to maintain the lands included in all streets, avenues, alleys and parks or public squares the City accepts no responsibility for maintaining the same. The owners agree that the City has no avenues, alleys, and parks or public squares dedicated to the public are accepted for public use, but for the public use and enjoyment. Unless specifically listed herein, the lands included in all streets, parks or public squares shown on said plat are hereby granted and donated to the City of Bozeman City of Bozeman, Gallatin County, Montana; and the lands included in all streets, avenues, alleys and The above described tract of land is to be known and designated as The Meadows Subdivision SUBJECT to all easements of record or apparent from a visual inspection of the property. containing 0.385 acres or 16,770 square feet more or less. thence North 00 28’ 03" East a distance of 122.19 feet to the Point of Beginning thence North 89 56’ 28" West a distance of 137.19 feet to an M & M red plastic cap; thence South 00 28’ 03" West a distance of 122.31 feet to an M & M red plastic cap; thence South 89 59’ 25" East a distance of 137.20 feet to an Alpine aluminum cap; red plastic cap bears North 00 28’ 03" E a distance of 118.00 feet; Beginning at an Alpine aluminum cap at the northwest corner of said Lot 146, from which an M & M described as follows: Range 5 East, Principal Meridian Montana (P.M.M), Gallatin County, Montana being more particularly County Clerk and Recorder located in the Northwest One-Quarter of Section 10, Township 2 South, A tract of land being Lot 146 of Valley West Subdivision Phase 3D on record with the Gallatin LEGAL DESCRIPTION the following described tracts of land, to-wit: subdivided and platted into lots, blocks, roads and alleys, as shown by this plat hereunto included, We, the undersigned property owners, do hereby certify that we have caused to be surveyed, CERTIFICATE OF DEDICATION ANATNOM ROYEVRUS DNAL LANOISSEFORPDERETSI GERNo. 13601 LS GNAUCK THOMAS City of Bozeman, Montana Director of Community Development _____________________________________________________________ DATED this _____________ day of __________________, ____________. Subdivision and Platting Act, §76-3-101 et. seq., MCA, and the Bozeman Municipal Code. has been duly reviewed, and has been found to conform to the requirements of the I, _______________________, do hereby certify that the accompanying Amended Plat CERTIFICATE OF GOVERNING BODY City of Bozeman, Montana Director of Public Works _____________________________________________________________ DATED this _____________ day of __________________, ____________. being dedicated to such use. City of Bozeman for the public use of any and all lands shown on the plat as conform to the law, approves it, and hereby accepts the dedication to the the accompanying plat has been duly examined and has found the same to I, Director of Public Works, City of Bozeman, Montana, do hereby certify that CERTIFICATE OF DIRECTOR OF PUBLIC WORKS Treasurer of Gallatin County ____________________________________________________ Dated this______ day of ___________, _______ and levied on the land to be surveyed have been paid. examined and that all real property taxes and special assessments assessed do hereby certify that the accompanying Subdivision Plat has been duly I, _________________________the Treasurer of Gallatin County, Montana CERTIFICATE OF COUNTY TREASURER Clerk and Recorder of Gallatin County ____________________________________________________ Document Number ____________________ Records of the Clerk and Recorder, Gallatin County, Montana. and recorded in Book ___________ of Plats on Page _______________, at _________ o’clock ____.M. this _______ day of ___________ my office at: Montana, do hereby certify that the foregoing instrument was filed in I, ____________________Clerk and Recorder of Gallatin County, CERTIFICATE OF CLERK AND RECORDER City of Bozeman, Montana Director of Public Works _________________________________________________________ DATED this _____________ day of __________________, ____________. review. from the requirement for Montana Department of Environmental Quality Therefore, under the provisions of §76-4-125(2)(d) MCA, this subdivision is excluded provided with adequate storm water drainage and adequate municipal facilities. growth policy which was adopted pursuant to §76-1-601 et seq., MCA, and can be Montana, a first-class municipality, and within the planning area of the Bozeman Gallatin County, Montana, is within the City of Bozeman, The Meadows Subdivision, DEPARTMENT OF ENVIRONMENTAL QUALITY REVIEW CERTIFICATE OF EXCLUSION FROM MONTANA Montana Registration No. 13,601 L.S. Thomas Gnauck, PLS _______________________________ Dated this 20th day of January, 2014. and the Bozeman Municipal Code. the Montana Subdivision and Platting Act (MCA 76-3-101 through 76-3-625), accompanying plat and as described in accordance with the provisions of I surveyed The Meadows Subdivision, and platted the same as shown on the certify that between November 14th, 2013, and ____________________, I, Thomas Gnauck, the undersigned, Registered Land Surveyor, do hereby CERTIFICATE OF SURVEYOR ?????? ?????? Bank ? BANK My commission expires ___________________________ Residing at _____________________________________ Notary Public for the State of ________________________ Printed name ______________________________________________ Signature ______________________________________________ herein above written. that said Bank executed the same. Witness my hand and seal the day and year who signed the foregoing instrument and acknowledged to me known to me to be ,before me, a Notary Public in and for said state, personally appeared On this ______________day of _____________________________, 2014, County of _______________________) s.s. State of _________________________) ___________________________________________________ DATED this ____________ day of ____________, ____________. City of Bozeman for the public use and enjoyment. avenues, parks or other public areas which are dedicated to the encumbrances as to any portion of said lands now being platted into streets, consent to the described plat, releasing our respective liens, claims or We, the undersigned mortgagees or encumbrancers, do hereby join in and CONSENT OF MORTGAGEE SUBDIVISION PH 3DVALLEY WEST LOT 124SUBDIVISION PH 3DVALLEY WEST O.S. 7SUBDIVISION PH 3DVALLEY WEST O.S. 10SUBDIVISION PH 3DVALLEY WEST LOT 147SUBDIVISION PH 3DVALLEY WEST LOT 126SUBDIVISION PH 3DVALLEY WEST LOT 234SUBDIVISION PH 3DVALLEY WEST LOT 139TILTON STREET (60’ R.O.W.)ALLEY (30’ R.O.W.)ALLEY (30’ R.O.W.)KIMBALL AVENUE (60’ R.O.W.)10’ P.U.E. 7.5’ P.U.E. P.O.B. KIMBALL 064-771-30-14 NH TG TG 10 2 S.5 E. 20 THE MEADOWS SUBDIVISION (C) (R) (M) R.O.W. P.U.E. P.O.B. My commission expires ___________________________ Residing at _____________________________________ Notary Public for the State of ________________________ Printed name ______________________________________________ Signature ______________________________________________ Witness my hand and seal the day and year herein above written. Tribitt Living Trust and acknowledged to me that said corporation executed the same. the person who signed the foregoing instrument as Trustee of the John Tribbit and Laree a Notary Public in and for said state, personally appeared John Tribitt, known to me to be On this ______________day of _____________________________, 2014, before me, County of _______________________) s.s. State of _________________________) Trustee John Tribitt __________________________________ John Tribbit and Laree Tribitt Living Trust DATED this _____________ day of __________________, ____________. Director of Public Works ______/______/2014______________________________________ Registration No. 10825 PE Chris Budeski, PE ______/______/2014______________________________________ Trustee of the John and Laree Tribitt Living Trust John Tribitt ______/______/2014______________________________________ infrastructure improvements, subject to the above indicated warranty. the City of Bozeman, and the City hereby accepts possession of all public The subdivider grants possession of all public infrastructure improvements to for a period of two years from the date of acceptance by the City of Bozeman. The subdivider hereby warrants against defects in these improvements 1. the Improvements Agreement for The Meadows Subdivision: The following improvements have been financially guaranteed in accordance with 2. 1. Installed Improvements: and covered by the improvements agreement accompanying this plat. conformance with the approved plans and specifications, or financially guaranteed as a condition(s) of approval of The Meadows Subdivision, have been installed in that the following improvements, required to meet the requirements of this title or professional engineer licensed to practice in the State of Montana, hereby certify I, John and Laree Tribitt Living Trust, Subdivider, and I, Chris Budeski, a registered CERTIFICATE OF COMPLETION OF IMPROVEMENTS Calculated Record Measured Right-of-Way Public Utility Easement Point of Beginning (Except as Noted) Set 2" Alpine Aluminum Cap (M & M Red Platic Cap) Found Property Corner Setback Line Easement Line Adjoining Property Line Property Boundary Line SETBACK 15’ SIDEYARD SETBACK 15’ FRONTYARD EASEMENT SIDEWALK PUBLIC 6’ SIDEWALK SETBACK 5’ SIDEYARD SETBACK 20’ REARYARD LEGEND 4369 ft†3056 ft†3056 ft†3057 ft†3234 ft† VICINITY MAP NOT TO SCALE LOT 1 LOT 2 LOT 3 LOT 4 LOT 5 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144