HomeMy WebLinkAboutE15 Bozeman Gateway PUD
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Tim Cooper, Assistant City Attorney
Chris Kukulski, City Manager
SUBJECT: Bozeman Gateway Subdivision PUD, Phase 3, Final Plat
MEETING DATE: November 6, 2006
BACKGROUND: This is a request for approval of a Subdivision Final Plat to subdivide approximately 11 acres
into 12 commercial lots, common areas and open space on property located adjacent to U.S Highway 191/Huffine
Lane at the intersection of Fowler Avenue. At the December 5, 2005 public hearing, the City Commission voted
to approve the Bozeman Gateway Subdivision PUD Preliminary Plat with thirty-nine (39) subdivision conditions
and subject to all applicable subdivision code provisions. The applicant has applied for final plat approval for
Phase 3 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 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 Dave Skelton, Senior 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 Bozeman Gateway Subdivision PUD Phase 3, 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 October 23, 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
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TO: TIM COOPER, CITY ATTORNEY’S OFFICE
FROM: DAVE SKELTON, SENIOR PLANNER
RE: FINAL PLAT REVIEW AND APPROVAL
BOZEMAN GATEWAY SUBDIVISION P.U.D. PHASE THREE
PLANNING FILE NO. P-06054
DATE: SEPTEMBER 28, 2006
(UPDATED OCTOBER 17, 2006)
(UPDATED OCTOBER 23, 2006)
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Morrison Maierle, Inc., on behalf of Mitchell Development Group, LLC, has made application
to the Planning Office for Final Plat review and approval for Bozeman Gateway Subdivision P.U.D.,
Phase Three, being a mixed-use major subdivision to create sixty (60) mixed-use commercial lots located at
the southeast corner of the intersection of US Highway 191/Huffine Land and South Fowler Avenue.
On Monday, December 5, 2005, the City Commission granted preliminary plat approval to
subdivide 72.22± acres and create Bozeman Gateway Subdivision P.U.D. subject to thirty-nine (39)
conditions (Planning Application No.P-05049). The Commission approved the Findings of Fact and Order
on September 9, 2006, and A DRAFT COPY is attached to this memorandum for your review.
The developer has applied for final plat review and approval of Phase Three, electing to financially
guarantee the following subdivision improvements for said phase: a) internal subdivision streets, b) sanitary
sewer and water infrastructure, c) City standard boulevard sidewalks, d) boulevard street lighting, e)
boulevard landscape and irrigation, f) trail improvements, and g) storm water facilities. The major
subdivision has been approved for concurrent construction to obtain building permits prior to installation
of required subdivision improvements in accordance with Section 18.74.030.D of the Bozeman Unified
Development Ordinance. The applicant will provide Staff with the applicable financial guarantee for
the remaining subdivision improvements prior to scheduling this matter before the City
Commission.
A “No Build” Restriction is not necessary with this final plat application. All street and municipal
infrastructure improvements will be completed as part of the concurrent construction agreement and prior
to occupancy of any buildings. Based on the summary review provided below, the City Engineer’s Office
and Planning Department have reviewed the final plat application against the conditions of preliminary plat
approval; and as a result, find that final plat approval should be granted once the following conditions of
approval have been addressed; 1) provide the applicable financial guarantee to guarantee completion of
subdivision improvements, and 2) updated Platting Certificate not more than thirty (30) days old.
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Enclosed, please find four (4) original mylars of the Final Plat, original Platting Certificate, copy of
Improvements Agreement and financial guarantee, copy of Declaration of Covenants and Restrictions for
the Property Owner’s Association.
The Planning Staff respectfully requests that you prepare a City Attorney's Certificate using the
attached original Platting Certificate; approve the Certificates of Director of Public Service, Release of
Sanitary Restrictions, and Certificate of Completion "as to form". If you find this submittal acceptable
and complete, the applicant respectfully requests that the Final Plat application be scheduled before the
Bozeman City Commission at the earliest time possible. Based on the revised final plat submitted to this
office on Friday, October 20, 2006 said application for final plat review and approval is deemed, contingent
on receiving an updated Platting Certificate not more that thirty (30) days old and said financial guarantee is
submitted to this office prior to scheduling before the City Commission. The 45-day (i.e., working days)
review period for this final plat expires on Friday, December 22, 2006.
Once the applicant and their counsel have addressed the pending items, and the Commission has acted on
the Final Plat application, please forward all of the original mylar plats, documents, and supplemental
information to Debbie Arkell, have her sign the appropriate certificates on the final plat, and then return all
of the documents to the Planning Office.
The conditions of preliminary plat approval, which are pertinent to this phase, and how they have
been met, follow:
Planning Application No. P-06054:
1. The applicant must comply with all provisions of the Bozeman Municipal Code, which are applicable to
this project. The applicant is advised that unmet code provisions, or code provisions that are not
specifically listed, does not, in any way, create a waiver or other relaxation of the lawful requirements of
the Bozeman Municipal Code or state law.
Said final plat shall comply with all provisions of the Bozeman Municipal Code, exclusive of
any relaxations and/or variances granted by the City Commission.
2. Raised concrete medians shall be installed on Fowler Avenue with Phase I of the subdivision.
Said medians to not apply to Phase III.
3. The private access onto Fowler between Technology Boulevard and Garfield Street shall be right in-
right out only unless a deviation is granted by the City Engineer. This shall be controlled by not
installing a break in the median on Fowler for this access.
Said private access has been reviewed and approved by the City Engineer’s Office.
4. All internal streets shall be privately maintained. The private streets shall be clearly delineated on the
final plat, and the provisions of 18.44.020.2 shall be complied with in regard to funding the maintenance
of the streets.
All internal streets are within dedicated rights-of-way, but maintained by the property owner’s
association. Said language has been included in the revised protective covenants and
restrictions to address this condition.
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5. Several parts of section 13, Completion Time for Site Development, of the preliminary plat submittal
reference “The Applicant or Site Developer”. The Applicant, not the Site Developer must be
responsible for all aspects of the project until such time as all of the infrastructure is in and accepted by
the City. This includes drawing of all building permits.
The applicant is aware of said responsibility.
6. Where a path is being proposed in lieu of standard sidewalk, it must be a minimum of 10’ wide as shown
in the Greater Bozeman Area Transportation Plan, unless a relaxation is granted by the City
Commission.
A 10’ foot wide sidewalk replaces a standard sidewalk along the west side of Fowler Avenue and
south side of US Highway 191 – West Main Street. Said improvement has been financially
guaranteed with the final plat for Phase One.
7. Flow monitoring shall be performed after construction on 50% of the lots within the subdivisions west
side sewer zone as defined in the preliminary plat submittal to determine the remaining downstream
sewer capacity. Any required improvements to the downstream system shall be installed prior to
issuance of any additional building permits on the lots within the west side zone. This requirement shall
be null and void if the Fowler trunk main is installed from Huffine Lane to Cattail Street.
Applicant understands said provision and will coordinate flow monitoring with the City
Engineer’s Office.
8. The covenants shall require the installation of sprinkler systems in all buildings as called for in the water
system hydraulic analysis completed for the project. As an alternative, additional modeling may be
performed to show that adequate fire flows exist without the installation of the sprinkler systems.
The City Engineer’s Office reviewed and approved a revised hydraulic analysis to address said
condition.
9. The water system hydraulic analysis shall be revised to only include existing mains and those that are
proposed with the project.
The City Engineer’s Office has reviewed and approved the revised hydraulic analysis.
10. All stormwater shall first be routed though an approved means of treatment if the Stormtech System is
used in lieu of detention or retention ponds. All stormwater facilities that collect runoff from public or
private streets shall be installed with the infrastructure for each phase of the subdivision.
Storm water treatment system has been reviewed and approved by the City Engineer’s Office.
No storm water facilities are allowed within the designated open space areas unless otherwise
approved by the City Commission.
11. All improvements necessary to provide adequate level of service for the analyzed intersections must be
installed with the project.
Said improvements have been installed and inspected by the City Engineer’s Office.
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12. A one (1) wide “No Access Strip” shall be shown on the plat along the entire lot frontage of Fowler
Avenue, and Huffine Lane.
Said one-foot wide “No Access” strip is noted on the final plat has item #3.
13. The sidewalk adjacent to Fowler Avenue shall be 6’ wide.
This condition does not apply to Phase Three. However, the applicant agrees that said
sidewalk will be 6 feet and noted according on the plans and specifications approved by the
City Engineer’s Office. Said sidewalk is constructed.
14. All weather access roads shall be installed to provide access to any sewer manholes that are not located
within paved areas. This shall apply to temporary situations caused by project phasing as well as
permanent ones.
All weather access roads have been reviewed and approved by the City Engineer’s Office.
15. All pedestrian/bike pathways (i.e.., soft trials) proposed with the subdivision will be constructed to a
Type II standard, six feet wide, and the US 191/Huffine Lane/West Main Street pathway constructed to
a Type I asphalt pathway, ten feet wide, unless otherwise approved by the Recreation and Parks
Advisory Board and the Superintendent of Parks and Public Facilities, that all pedestrian/bike pathways
not located in dedicated parkland will be located in a minimum 25-foot wide public access easement,
and noted accordingly on the final plat and in the property owner’s association documents. A typical
cross section of the public trails, both Type I and Type II, shall be included in the landscape guidelines
and will include trail specifications, typical landscape guidelines, and site grading plans for review and
approval prior to final plat approval.
Said trials will be financially guaranteed and will be installed within eighteen (18) months of the
filing of the final plat.
16. That the contractor physically installing said trail improvements shall be required to hold a pre-
construction meeting with the City of Bozeman Parks Department prior to proceeding with installation
of said trail improvements and provide the Planning Office with written approval by the Park and
Recreation Superintendent to proceed with construction of the trail improvements, and that said
provisions and trail specifications be noted accordingly in the property owner’s association documents
for review and approval by the Planning Office
The applicant understands that said pre-construction will occur prior to installation of trails.
17. No sanitary sewer and/or storm water mains will be installed within Open Space #2 and/or Open
Space #6 along the entryway corridor of US 191/West Main Street or any other open space area(s)
designated to satisfy the required open space points for the planned unit development.
Applicant understands said condition.
18. No underground storm water facilities will be installed within Open Space #2 along the entryway
corridor of US 191/West Main Street or any other open space area(s) designated as such to satisfy the
required open space points for the planned unit development.
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The applicant has been allowed to install a storm water facility within Open Space #2 of Phase
One with the understanding that no additional facilities will be installed unless otherwise
approved by the City Commission.
19. The traffic impact analysis submitted for the project shall be approved by City Engineering and the
Montana Department of Transportation. All improvements needed to provide adequate level of service
for the analyzed intersections must be installed with the project.
The City Engineer and M.D.O.T. has approved the traffic impact analysis and applicable
mitigation measures.
20. That the applicant provides documentation prior to final plat approval of the initial phase(s) for The
Bozeman Gateway Subdivision P.U.D. of receiving the applicable access/encroachment permits for
Chronicle Lane onto West College Street.
The City Engineer’s Office has determined that no access/encroachment permits are necessary
with the filing of the final plat.
21. All areas designated for use as “Common Area” owned and maintained by the property owner
association shall not be referred to as lots, but as “Common Areas” and identified according as specific
open space areas on the plat (i.e., Common Area 8, not Lot C8). Common areas are not subdivision lots
and should not be noted as such on the final plat.
Said common areas are noted accordingly on the final plat, if applicable.
22. Lot 10, 11, 12 and 13 shall be described on the final plat as four consecutive subdivision lots with
adjoining side yard boundaries and the frontage of each lot extending to the right-of-way of Fowler
Avenue. The final plat shall also contain a notation on said lots that no structure shall be constructed
over the public access and utility easements.
This condition does not apply to Phase Three.
23. All subdivision lots shall have frontage onto a public street, approved public alley, or public access
easement, unless a relaxation to Section 18.42.030.I “Frontage” of the U.D.O. is granted by the City
Commission.
All lots not fronting onto a public street, public alley or access easement has been granted a
relaxation to the UDO by the City Commission.
24. That water rights, or cash in-lieu thereof, shall be provided and paid for prior to final plat review and
approval for each phase. If the final plat of the subdivision is filed in phases, water rights, or cash in-lieu
thereof will only be required for each phase of the subdivision that is being filed. The applicant shall
provide payment of the calculated cash in-lieu of water rights based on an amount determined by the
Director of Public Service.
Payment of cash in-lieu of water rights in the amount of $8,267.94 for Phase Three has been
paid to the City of Bozeman.
25. That the applicant modify the protective covenants of the property owner’s association as outlined in
the staff report and that the applicant submit a revised draft of the protective covenants for review and
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approval by the Planning Office at least thirty (30) days prior to submitting for final plat approval of the
initial phase of the major subdivision.
City staff is currently reviewing the protective covenants to determine that said revisions called
out in the staff report have been addressed. Any necessary changes will be addressed by the
applicant prior to the filing of the final plat (maintenance of interior streets, etc.)
26. All areas for the purposes of open space, storm water runoff facilities, and other common areas owned
and maintained by the property owner’s association (i.e., off-street parking and open space areas) shall
be identified on the final plat as “common area” and/or “common open space”, and noted accordingly
in the protective covenants of the property owner’s association documents. The Final Plat shall note
the area designated to meet the Common Open Space requirements for The Bozeman Gateway
Subdivision P.U.D. (10.10 acres).
The applicant’s statement of providing 0.12 acres of Open Space with Phase Three is incorrect.
Of the 10.10 acres of Common Open Space required with Bozeman Gateway Subdivision PUD
during preliminary plan review, no credit for common open space was given with Phase Three
and therefore cannot be credited towards the required 10.10 acres of Common Open Space.
27. (Section 18.42.040.H) All subdivisions shall clearly delineate subdivision blocks each containing its own
grouping of lot numbers.
All subdivision blocks in Phase Three contain its own grouping of lot numbers.
28. (18.42.060.A.1) All easements shall be described, dimensioned and shown on the final plat in their true
and correct location.
All easements are noted accordingly on the final plat, including the 25-foot wide public access
easement for said public trail along the east side of Lot #4, #5, and #6.
29. (18.42.060.B.1.a and 18.42.060.C.3) Building setbacks and permanent structures shall be coordinated
with all provided utility easements. Utility easements greater than the required building setbacks shall be
noted to that effect and placed on the final plat and/or final plan (i.e., Fowler Avenue and Garfield
Street) and noted accordingly in the protective covenants.
It is understood that any utility easements exceeding the required yard setbacks for structures is
the more restrictive for placement of building or permanent structures.
30. (18.42.080.F) Storm water facilities shall not occupy more than one-third of a required front yard,
including, but not limited to frontage along US 191/West Main Street. All subdivision exhibits that
reference surface water ponding along the West Main entryway corridor (i.e., drainage basins, storm
water runoff facilities, landscape plans, site plans, etc.) shall reflect the same delineation boundary for
said ponds, for review and approval by the Planning Office prior to final plat and final plan approval.
Storm water facilities will not occupy required yards or be included in the calculations for
meeting the required open space areas set forth for the planned unit development.
31. A reciprocal access and parking easement shall be provided for all shared accesses and parking facilities.
The easement shall state that the drive accesses and parking areas are permitted reciprocal use by all of
the lots of the subdivision.
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City staff and the Planning Office have accepted said notation on the final plat as revised by the
applicant.
32. Construction fencing shall be installed along the required stream setbacks to protect water quality and
the adjacent vegetation during construction. Said fencing shall be properly staked and field verified by
the Planning Office prior to final plat approval of the first phase and prior to proceeding with surface
preparation and/or site construction
Said construction fencing has been installed in applicable areas of the subdivision.
33. The subdivision shall comply with all approved conditions of the Planned Unit Development and the
subdivision shall comply with the approved Master Plan and Development Manual Guidelines for the
Planned Unit Development.
Each subdivision plat and each individual building project will be evaluated against the
conditions of approval, subdivision Master Plan, and the Development Manual.
34. The recorded covenants shall indicate that the property owner’s association is responsible for the
maintenance of the common open space, wetlands, watercourse setback and trails. Noxious weeds shall
be controlled as directed by the County Weed Control District and in accordance with the Montana
County Noxious Weed Control Act. The property owner’s association shall be responsible for the
continued control of the weeds and fulfillment of the revegetation plan.
The restrictive covenants establish the parameters for maintenance of said common areas.
35. That prior to final plat and final plan approval the applicant shall apply for, and receive approval of, a
zone map amendment for the east 21.8 acres from “BP” (Business Park District) to “B-2” (Community
Business District).
The Commission Zoning Ordinance to amend the City of Bozeman zone map for said zone
map amendment from “BP” to “B-2” was approved on October 9, 2006.
36. The applicant shall obtain and provide the Planning Office with the applicable access permit(s) from the
Montana Department of Transportation for the access onto US 191/West Main Street from Harmon
Street Boulevard and Chronicle Drive and shall comply with all requirements of the permit.
The City Engineer’s Office has determined that the reference to the applicable access permit(s)
for US 191/West Main Street are not necessary.
37. The traffic impact analysis submitted for the project shall be approved by City Engineering and the
Montana Department of Transportation. All improvements needed to provide adequate level of service
for the analyzed intersections must be installed with the project.
The City Engineer’s Office has approved the traffic impact analysis.
38. A minimum 5-foot wide boulevard sidewalk with a 5 ½ foot wide boulevard shall be constructed along
the north side of Garfield Street with a right-of-way of adequate width to be one (1) on the inside edge
of the boulevard sidewalk and noted accordingly on the final plat. A typical right-of-way illustrating the
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boulevard sidewalk in relationship to the right-of-way shall be submitted with the final plat application
for review by the Planning Office.
Said exhibit has been provided and the boulevard sidewalk installed.
39. That the applicant submit with the application for Final Plat review and approval of The Bozeman
Gateway Subdivision P.U.D., a written narrative stating how each of the conditions of Preliminary Plat
approval and code provisions outlined in the staff report have been met or satisfactorily addressed.
Attached is the applicant’s written narrative.
DS/dps
Attachments
Applicants Response to Conditions of Preliminary Plat Approval
Four (4) original mylars and original Platting Certificate
Copy of Improvements Agreement
Copy of Concurrent Construction and Hold Harmless Document
cc: Mitchell Development Group, LLC, PO Box 738, Great Falls, MT 59771-59403.
Morrison Maierle, Inc., PO Box 1113, 901 Technology Blvd., Bozeman, MT 59771