HomeMy WebLinkAboutE7 - Valley West Final Plat
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Tim Cooper, Assistant City Attorney
Chris Kukulski, City Manager
SUBJECT: Valley West Phase 3C Subdivision Final Plat
MEETING DATE: July 17, 2006
BACKGROUND: This is a request for approval of a Subdivision Final Plat to subdivide approximately 15 acres
into 46 mixed density residential lots on property located within Valley West Planned Unit Development. At the
June 6, 2005 public hearing, the City Commission voted to approve the Valley West Phase 3 Subdivision
Preliminary Plat with thirty-two conditions. The applicant has applied for final plat approval 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 Susan Kozub, Associate Planner, delineating how the conditions of preliminary plat approval
have been satisfied.
RECOMMENDATION: Upon the Director of Public Service’s review and concurrence, the City Commission
approves the Final Plat of Valley West Phase 3C Subdivision, and authorizes the Director of Public Service to
execute the same on behalf of the City of Bozeman.
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.
ALTERNATIVES: As suggested by the City Commission
Respectfully submitted,
_________________________________ ____________________________
Tim Cooper, Assistant City Attorney Chris Kukulski, City Manager
Attachments: Review Memo to Tim Cooper, dated July 10, 2006.
planning • zoning • subdivision review • annexation • historic preservation • housing • grant administration • neighborhood coordination
CITY OF BOZEMAN
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
Alfred M. Stiff Professional Building
20 East Olive Street
P.O. Box 1230
Bozeman, Montana 59771-1230
phone 406-582-2260
fax 406-582-2263
planning@bozeman.net
www.bozeman.net
Memorandum
____________________________________________________________________________________
To: Tim Cooper, Staff Attorney
From: Susan Kozub, Associate Planner
Date: July 10, 2006
Re: Valley West Phase 3C Final Plat, #P-06036
____________________________________________________________________________________
Attached, please find a paper copy of the above referenced subdivision, the Original Platting Certificate,
four (4) signed mylars, and the full 3-ring binder with additional required Final Plat submittal information.
On June 6, 2005, the City Commission granted preliminary plat approval for Phase 3 of the Valley West
Planned Unit Development Subdivision, as submitted by Bozeman Lakes, LLC and Aspen Enterprises,
LLC, represented by Morrison-Maierle, Inc, subject to 32 conditions and five code provisions. The Findings
of Fact and Order were signed on July 18, 2005. Based on the following review of the conditions of
preliminary plat approval, Planning Staff finds that all conditions of approval have been met.
Conditions of Approval:
1. The following plat note shall be included on the Final Plat: “Lots 214A – 219D are approved to
allow attached townhouses or detached single household residences. These lots are smaller than the
standards set forth by the Unified Development Ordinance for single household residences and
were approved with relaxations as part of the Planned Unit Development. Please refer to the Second
Amended and Restated Declaration of Protective Covenants and Restrictions for Valley West to
determine setback requirements.”
The lots referenced in this condition are not part of Phase 3C.
2. The Final Plat shall be revised to clarify that Accessory Dwelling Units/Auxiliary Apartments are
not allowed on Restricted Size Lots (RSLs).
See plat note #6 on page 1.
3. A declaration of the most recent covenants, with the corrections outlined by Staff, for Valley West
Planned Unit Development must be included and recorded with the Final Plat for Phase 3. The City
of Bozeman shall be party to any changes or modifications made to the restrictive covenants and
Architectural Guidelines as they relate to any zoning and/or planning bylaws.
The revised covenants were recorded with the Phase 3A and the supplementary setback
chart will be recorded with Phase 3C.
4. The Final Plat shall indicate acreages for all remainder tracts and shall include the following plat
note: “Applicant shall provide evidence that all original tracts of record of this property are or
through this subdivision will become remainder tracts of less than 160 acres were not created for the
purpose of transfer, and that any subsequent transfer of said tracts may not occur prior to filing of a
subdivision plat or certificate of survey reviewed and approved by the City of Bozeman.” An
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affidavit, subject to review and approval by City legal staff, must also be submitted with the Final
Plat.
See plat note #8 on page 1. The original affidavit is included in Section 4 of the Final Plat
submittal materials.
5. Water rights, or cash-in-lieu thereof, shall be provided and paid for prior to final plat approval. If the
final plat of the subdivision is filed in phases, water rights will only be required for each phase as the
final plat for that phase is filed. The amount of water rights required will be determined by the
Director of Public Service based on the proposed final plat(s).
Water rights in the amount of $13,861.73 have been paid for Phase 3C.
6. The dedicated parkland shall be identified as “Public Park” on the final plat and the common open
space access strips and pocket parks shall be overlaid with a public access easement. Provisions
within the covenants shall provide for the care and maintenance of these areas, which will ensure
usability for the homeowners and general public.
There is no parkland in Phase 3C. The open space areas have a public access easement, but
will be maintained by the Homeowner’s Association as stated in plat note #10 on page 1.
7. Buildings proposed for construction with crawl spaces or basements shall include Engineer
Certification regarding depth of ground water and soil conditions and proposed mitigation methods
to be submitted with each Building Permit. The final plat shall include a notation that due to high
ground water conditions full or partial basements are not recommended.
See plat note #8 on page 1.
8. The trail north of Meyers Lake shall extend north to connect to Durston Road.
The section of park referenced in this condition is not part of this subphase.
9. The Superintendent of Public Facilities and Lands shall review and approve of the language in the
Declaration of Protective Covenants and Restrictions for Valley West, particularly Article I
“Definitions” and Article X “Open Space and Common Areas.” Further, the Declaration shall
include language approve by the Superintendent to assure completion of parkland facilities and
trails in the Valley West Park Master Plan and allowing the City of Bozeman, if necessary, to become
a party to assessments for such completion and maintenance.
The master parks plan has been approved.
10. Storm Water 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 has been provided to the City Engineer. The applicant is advised that although
the general storm drainage and grading concept has been reviewed, the submitted data will be
subject to further review as part of the infrastructure plan and specification review process.
The Engineering Division has approved the Stormwater Master Plan.
11. Stormwater generated by the proposed subdivision shall not be discharged into an irrigation ditch.
The applicants were granted approval with the initial PUD and have obtained written
permission from the Maynard-Border Pipel ne Group. See Section 11 of the Final Plat
submittal materials.
12. The final plat must account for the ditch and the utility/drainage ditch easement along Ferguson
Avenue.
Phase 3C is not adjacent to Ferguson Avenue.
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13. The Developer's engineer has provided a comprehensive Design Report evaluating existing capacity
of water and sewer utilities for the entire Valley West PUD. Detailed review and approval of the
Design Report will be required as part of the infrastructure plan and specification review and
approval process.
The Engineering Division has reviewed and approved the comprehensive design report.
14. The location of and distinction between existing and proposed sewer and water mains and all
easements shall be clearly and accurately depicted on the plans and specs, as well as all nearby fire
hydrants and proposed fire hydrants.
Existing and proposed water and sewer main and corresponding easements are so noted on
the plat and the plans and specifications.
15. Any easements needed for the water and sewer main extensions shall be a minimum of 30 feet in
width. While the final location of the water and sewer mains will be determined once the final street
widths are approved, in no case shall the utility be less than 10 feet from the edge of the easement.
All necessary easements shall be provided prior to final plat approval and shall be shown on the plat.
Wherever water and/or sewer mains are not located under or accessed from improved streets, a 12
foot wide all weather access drive shall be constructed above the utilities to provide necessary access.
All water and sewer main easements are a minimum of 30 feet in width. The plans and
specifications have been approved.
16. Plans and Specifications for water and sewer main extensions, prepared and signed by a Professional
Engineer (PE) registered in the State of Montana shall be provided to and approved by the City
Engineer. Water and sewer plans shall also be approved by 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 preconstruction conference has been conducted.
No building permits shall be issued prior to City acceptance of the required infrastructure
improvements.
The plans and specifications have been approved.
17. Any public street rights of way which are within the boundaries of this subdivision and for which
easements were provided with the Valley West Annexation Agreement shall be dedicated to the City
on the Final Plat for this subdivision. The applicant shall also dedicate any public streets within the
development.
This condition is not applicable to this phase.
18. Street names must be approved by the City Engineer and county road office prior to final plat
approval. The proposed street names are acceptable with the following exceptions:
a. “East” is to be deleted from East Perry Street
b. Foster Street should not be used as there is a Foster Lane in the county.
East has been deleted from East Perry Street. See Page 2.
19. The final plat shall contain a note prohibiting direct access from single family or duplex lots to
Cottonwood Road, Durston Road, and Ferguson Avenue.
This phase is adjacent to Ferguson Avenue only. See plat note #4 on page 1 of the Final
Plat.
20. City standard curb, gutter and sidewalk shall be provided along all streets in the subdivision. Per
Chapter 18.44.080 of the Unified Development Ordinance, sidewalks will be installed prior to
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occupancy of any individual lots.
The improvements agreement and financial guarantee ensure that sidewalks will be
completed within the required time frames.
21. The applicant is advised that the installation of any traffic calming devices such as curb bulbs and
traffic circles will be considered in detail and approved if appropriate during the infrastructure plan
and specification review process.
The traffic calming devices have been reviewed and approved by the Engineering Division
as part of the plan and specification review process.
22. All typical street sections, including sidewalk location within the right-of-way and provisions for
bicyclists shall be in conformance with the street standards recommended in the Greater Bozeman
Area Transportation Plan, 2001 Update, unless otherwise approved by the City Commission, or by the
City Engineer through the plan and specification review and approval process.
Again, the Engineering Division has approved the street sections.
23. Plans and Specifications for streets and storm drainage facilities, prepared and signed by a
Professional Engineer (PE) registered in the State of Montana shall be provided to and approved by
the City Engineer. 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 preconstruction conference has been conducted.
No building permits shall be issued prior to City acceptance of the required infrastructure
improvements.
The Engineering Division has approved the plans and specifications.
24. Sidewalk shall be installed along Ferguson Avenue as part of the Phase 3 subdivision improvements.
This condition is not applicable to this phase.
25. The Engineering Division recommends that the east half of Cottonwood Road, from Durston Road
to Huffine Lane, be improved to a full principal arterial standard as a part of this development. The
Valley West lots are already encumbered with Special Improvement Districts (SID). The
Cottonwood Road improvements are to be complete prior to filing the final plat of any phase west
of Cottonwood Road.
Non-applicable – this phase is east of Cottonwood Road.
26. The applicant is advised that Durston Road, from Cottonwood Road to Ferguson Road, shall be
improved, as part of this development, to one half of a minor arterial standard and shall match the
section built by Laurel Glen. City standard sidewalk, curb and gutter will be required in the standard
location on the development’s side of the street. Detailed review of the street and intersection
design, and approval by the City Engineer will be required as part of the infrastructure plan and
specification review process. The Durston Road improvements are to be complete prior to filing
the final plat of any phase adjacent to Durston Road.
Non-applicable – this phase is not adjacent to Durston Road.
27. The applicant is advised that building permits may not be issued, in accordance with the following
conditions that have been made to recent subdivisions in the vicinity of Durston Road:
a. Building Permits may be issued for no more than 35 54% (Sub-phases a, b, e, and f) of the
subdivision, not to exceed 15.8 24.8 net acres, as soon as September 15, 2005 provided
Babcock Street or Durston Road improvements are substantially completed (“the road is
being used”) and all other requirements for the issuance of a building permit have been met
(i.e., completion and acceptance of necessary infrastructure improvements and the final plat).
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b. No building permits will be issued for the remaining 65 46% of the subdivision until the
construction contract for improvements to Durston Road from N. 19th Avenue to
approximately Fowler Avenue has been awarded.
West Babcock Street was opened on November 10, 2005. The construction contract for
improvements to Durston Road has been awarded and construction is underway.
28. An update of the detailed Traffic Impact Analysis prepared by a qualified Traffic Engineer registered
in the State of Montana has been provided to the City Engineer. The update shall address level of
service evaluations for the following intersections: Cottonwood Road/Huffine Lane and Ferguson
Road/Huffine Lane. The Report shall include recommendations for any necessary off-site roadway
improvements. Detailed review and approval of the Traffic Impact Analysis will be required as part
of the infrastructure plan and specification review and approval process.
The Traffic Impact Analysis has been reviewed and approved by the Engineering Division.
29. If an easement can be obtained for Eneboe Ave and Foster Street, adjacent to the undeveloped
property, the entire street section exclusive of the sidewalk on the adjoining property shall be
constructed. If the easement cannot be obtained, curb, gutter, standard boulevard, and sidewalk on
the Valley West side, along with a minimum pavement width of 24-feet shall be installed.
Non-applicable - these streets are not part of this phase.
30. The location of mailboxes shall be coordinated with the City Engineering Department prior to their
installation.
Mailbox location information is included with the Final Plat and has been coordinated with
the Engineering Division and the USPS.
31. The Montana Department of 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 plan and
specification approval.
All 404 and 310 permits are in place for the PUD.
32. If construction activities related to the project result in the disturbance of more than 1 acre of
natural ground, an erosion/sediment control plan may be required. The Montana Department of
Environmental Quality may need to be contacted by the Applicant to determine if a Stormwater
Discharge Permit is necessary. If a permit is required by the State, the Developer shall demonstrate
to the City full permit compliance.
A Stormwa er Discharge Permit from the Montana Department of Environmental Quality
was obtained for this project and is included in Section 32 of the Final Plat submittal
materials.
t
Code Provisions:
(a) The Final Plat must be in compliance with all requirements of the UDO including Section 18.06.060
“Final Plat Application,” including, but not limited to the following item: per Section, 18.06.040.D.6,
the Final Plat must be submitted within three (3) years for multi-phased major subdivisions.
The Final Plat applications were submitted within the required time period.
(b) The Final Plat must be in compliance with all requirements of the UDO including Chapter 18.42
“Development Standards” including, but not limited to the following items:
i Section 18.42.060.B requires all utility easements to be noted on the Final Plat.
ii Section 18.42.150.C.6 requires bollard style lights to be installed at all pathway intersections with
streets. A cut sheet for the light shall be submitted to the Planning Office for approval prior to
installation.
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All utility easements are noted on the Final Plat and an SILD has been submitted to the
City.
(c) The Final Plat must be in compliance with all requirements of the UDO including Chapter 18.48
“Landscaping” including, but not limited to the following item: Section 18.48.070 requires that the
developer install vegetative ground cover, boulevard trees and an irrigation system in the public
right-of-way boulevard strips along all external perimeter development streets and adjacent to public
parks or other open space areas.
The master parks plan has been approved and improvements related to landscaping are
included in the Improvements Agreement and the financial guarantee.
(d) The Final Plat must be in compliance with all requirements of the UDO including Chapter 18.50
“Park & Recreation Requirements” including, but not limited to the following item:
i Based on Section 18.50.080 the subdivider must decide on the improvements to be completed
by the subdivider prior Final Park Plan approval.
ii Section 18.50.110 requires pathways to be maintained by the developer in conformance with the
approved maintenance plan until 50% of the lots are sold. Thereafter the Homeowners
Association is responsible for pathway maintenance. Plans and Specifications for the trail will
need to be reviewed by the Parks Department prior to construction.
Again, the master parks plan has been approved.
(e) The Final Plat must be in compliance with all requirements of the UDO including Section 18.78.070
“Final Plat,” including, but not limited to the following item:
i. Per Section 18.78.070.D, Final Park Plan, the Park Plan must be approved by the City
Commission prior to Final Plat approval.
ii. Section 18.78.070.C states that 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.
iii. The final plat submittal shall include 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 stable base polyester film (or equivalent); two (2) digital copies on a
double-sided, high density 3½-inch floppy disk or compact disk; and five (5) paper prints.
Again, the master parks plan has been approved. A copy of the MOU is included in Section
(e) of the Final Plat submittal materials.
Please prepare a City Attorney’s Certificate using the attached original copy of the Platting Certificate and
approve the certificates as to form.
If you find this submittal acceptable, please place it as a consent item on the next available City Commission
Agenda. The plat was submitted on June 5, 2006; therefore, the 45-day review period ends on August 4,
2006. If you need additional information or have questions regarding any of the documentation, please feel
free to contact me.
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Attachments: Four (4) signed Mylars of Final Plat
Original Platting Certificate
Full Final Plat Submittal (3-ring binder) – Please return binder for our files.
One paper copy of Final Plat (in binder)
Notice of Building Permit Restrictions
CC: Debbie Arkell, Director of Public Service (with paper copy of plat) (note: A. Kerr has checked for closure)
Bret Fontenot, Clerk of Commission (with paper copy of plat)
Doug Oberg, Bozeman Lakes, LLC & Aspen Enterprises, LLC, 2415 East Camelback,
Suite 900, Phoenix AZ 85016
Greg Stratton, Valley West, 25A Clifden Drive, Bozeman MT 59718
Morrison – Maierle, Inc., c/o Kevin Jacobsen, P.O. Box 1113, Bozeman, MT 59718
Intrinsik Architecture, 428 East Mendenhall, Bozeman, MT 59715