HomeMy WebLinkAboutE20 Oak Springs Final Plat
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Tim Cooper, Assistant City Attorney
Chris Kukulski, City Manager
SUBJECT: Oak Springs Subdivision, Phase 3, Final Plat
MEETING DATE: November 6, 2006
BACKGROUND: This is a request for approval of a Subdivision Final Plat to subdivide approximately 29 acres
into 41 single-household residential lots, 41 modular lots, and open space on property located north of Durston
Road, south of West Oak Street (extended), and west of Harvest Creek subdivision. At the July 5, 2005 public
hearing, the City Commission voted to approve the Oak Springs Subdivision Preliminary Plat with seventeen (17)
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 Jami Morris, Contract 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 Oak Springs Subdivision 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 27, 2006.
planning • zoning • subdivision review • annexation • historic preservation • housing • grant administration • neighborhood coordination
CITY OF BOZEMAN
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMEN
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
From: Jami Morris, Land Use Planning Consultant
jamimorris@bresnan.net or 570-6209
Date: October 27, 2006
Subject: Oak Springs Phase 3 Final Plat #P-06060
Oak Springs Estates, L.L.C., has made application to the Planning Office for Final Plat review
and approval for Oak Springs Subdivision, Phase III, being a multi-phased, residential subdivision
located north side of Durston Road, south of West Oak Street (extended), and west of Harvest Creek
Subdivision.
On July 5, 2005, the City Commission granted preliminary plat approval to subdivide 78.05± acres
of agricultural land and create 188 single-household lots, 115 townhouse lots, and 8 two-household lots.
Staff’s summary review addresses the conditions of preliminary plat approval outlined in the Findings of
Fact and Order.
The developer has applied for final plat review and approval of Oak Springs Subdivision, Phase III,
electing to financially guarantee the required subdivision improvements for said phase. Based on the
summary review provided below, both the City Engineering’s Office and Planning Department have
reviewed the application against the conditions of preliminary plat approval; and as a result, find that final
plat approval may be granted contingent on receiving the applicable financial guarantee.
Four (4) original mylars of the Final Plat, original Improvements Agreement, and original Notice
of Building Permit Restrictions, and original Platting Certificate. Please have the Director of Public Service
sign the applicable certificates on the final plat and Notice of Building Permit Restriction, and return all of
the documents to the Planning Office once the City Commission has acted on the final plat application.
The Improvements Agreement will be recorded and filed with the final plat at the Clerk and Recorder’s
Office. Please note that a copy of the financial guarantee is not attached to the Improvements Agreement.
The applicant will provide this once your office has determined that the final plat may be scheduled before
the City Commission.
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,
please place the final plat application on the earliest scheduled Consent Agenda of the Bozeman City
Commission, and advise staff accordingly in order for the applicant to provide the appropriate
financial guarantee prior to the City Commission acting on the matter.
Page 2
Once the Commission has acted on the Final Plat application, please forward the original mylar plats
and documents to the Director of Public Service and have the Director sign the appropriate certificates on
the final plat and original “Notice of Building Permit Restrictions”. Please make sure the Director’s
signature’s are notarized and return all of the documents to the Planning Office in the Inter-Department
routing envelope for their protection.
The application was submitted on September 5, 2006 but was not assigned until October 12, 2006.
Although upon review there were errors on the plat to be remedied it is difficult to say when the 45 day
review period should start. The requested modifications were resubmitted with the plat on October 26,
2006. On behalf of the Planning Office I would request that the plat be scheduled before the City
Commission for approval on Monday, November 13, 2006.
The conditions of preliminary plat approval, which are pertinent to this phase, and how they have been
met, follow:
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.
• The applicant’s written narrative outlines how each of the identified Bozeman
Municipal Code provisions discussed in the staff report and Findings of Fact and
Order have been addressed.
• John McDunn, E.I.T., Department of Environmental Quality granted approval of
plans and specifications for infrastructure on June 5, 2006.
• Andy Kerr reviewed and approved the final plat for Phase II of Oak Springs
Subdivision for closure on October 20, 2006.
• The Park Master Plan for Oak Springs Subdivision was approved by the City
Commission on December 5, 2005.
2. Plans and specifications and a detailed design report for water and sewer main extensions, storm
sewer and the public street, prepared by a Professional Engineer, shall be provided to and approved
by the City Engineer and the Montana Department of Environmental Quality. The Applicant shall
also provide Professional Engineering services for construction inspection, post-construction
certification, and preparation of mylar record drawings. Construction shall not be initiated on the
public infrastructure improvements until the plans and specifications have been approved and a pre-
construction conference has been conducted.
No building permits shall be issued prior to substantial completion and City acceptance of
the required infrastructure improvements.
Plans and specifications for all infrastructure and street improvements in Phase III were
reviewed and approved by the City Engineer’s Office on April 5, 2006. Said improvements
have not been installed. As a result, the applicant has financially guaranteed the required
infrastructure and street improvements.
3. All infrastructure improvements including 1) water and sewer main extensions, and 2) public streets,
curb/gutter, sidewalks fronting parks, open space, rear yard frontages or other non-lot frontages,
and related storm drainage infrastructure improvements shall be financially guaranteed or
constructed prior to Final Plat approval.
Page 3
City standard residential sidewalks shall be constructed on all public street frontages of a property
prior to occupancy of any structure on the property. Upon the third anniversary of the plat
recordation of any phase of the subdivision, any lot owner who has not constructed said sidewalk
shall, without further notice, construct within 30 days said sidewalk for their lot(s), regardless of
whether other improvements have been made upon the lot. This condition shall be included on the
plat and in the covenants for the subdivision.
Infrastructure improvements are financially guaranteed and provisions for installation of
sidewalks are noted on the final plat. The City Engineer’s office has concluded that with
said provisions addressed with the financial guarantee and the final plat notation that is not
necessary in the protective covenants.
4. Half of Oak Street shall be improved to the 5-Lane Principal Arterial standard as shown in the
Transportation Plan from the end of the existing street at Harvest Creek to the western boundary of
the subdivision.
Oak Street was constructed and accepted by the City of Bozeman with Phase I.
5. The north half of Durston Road shall be improved to the typical section being used on the City SID
project along the entire frontage of the subdivision including tapers back to existing asphalt on the
east and west end meeting AASHTO standards. All of the improvements to Durston Road shall be
completed with Phase IV of the subdivision.
Not applicable with filing of the final plat for Phase III of the major subdivision. Said
improvements will be completed with Phase IV of the subdivision.
6. Building Permits shall only be issued for the first two phases of the subdivision until such time as
Durston Road is improved from N. 19th Avenue to Fowler Avenue.
Applicant understands limitations for building permits until Durston Road is improved.
These improvements are still underway. Building permit restrictions will be filed with the
final plat prohibiting the issuance of a permit until the improvements are completed. The
Engineering Department has indicated that the City is still trying to have the improvements
completed this year.
7. A temporary turnaround shall be installed at the west end of Dylan Lane.
The temporary turnaround was installed with Phase II.
8. Prior to commencement of phase three, sewer flow monitoring shall be performed to determine if
the relief sewer main (N2) needs to be constructed. If it is determined that it is needed at that time,
it shall be constructed and accepted prior to issuance of building permits for that phase.
Not applicable. The relief sewer main is being constructed with Meadow Creek Subdivision
and the City Engineering Department has determined that adequate capacity will be
provided for Oak Springs with these improvements.
9. The Traffic Impact Analysis prepared for the project shall be reviewed and approved by MDT. The
recommended improvements to the signal at Oak and 19th shall be installed as part of the required
infrastructure for Phase I.
Page 4
Based on the traffic impact analysis MDT required the installation of a new signal head at
the intersection of Oak Street and North 19th Avenue. The signal head was installed and
accepted since the application was submitted.
10. The sidewalks adjacent to Oak and Durston shall be 6’wide, and shall be installed at the time the
street improvements are done.
The applicant’s written narrative notes that the sidewalk adjacent to Oak Street was
constructed with Phase I. The installation of the Durston Road sidewalk is planned for
Phase IV.
11. This property is part of all three Valley West payback districts. Paybacks will be due with each phase
of the subdivision.
The City Engineer’s Office has received payment for the three payback districts for Phase
III in the amount of $22,911.28. Said payment has been forwarded to the office of the
Director of Public Service.
12. That the subdivision exemption for relocation of a common boundary between the adjoining
landowner, Douglas L. Smith, and McDonald Land Company be executed at the Gallatin County
Clerk & Recorder’s Office prior to submitting for final plat review and approval.
Said Certificate of Survey No. 2530A is filed and of record at the Gallatin Country Clerk and
Recorder’s Office.
13. That water rights, or cash in-lieu thereof, shall be provided and paid for prior to final plat review and
approval. 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 amount of $11,143.73 by Oak Springs Estates,
L.L.C., has fulfilled the calculated amount for Phase III.
14. Dedication of the public parkland will be with the first phase of the major subdivision.
Said 10.6218 acres of public parkland have been dedicated with the final plat for Phase I.
15. That portion of the public park that is not part of the McDonald Annexation will need to be
annexed into the corporate limits of the City of Bozeman (i.e., annexation of Doug Smith property).
With annexation of the Doug Smith property to the west and realignment of the common
boundary between the applicant and Doug Smith (i.e.., C.O.S. No. 2530A) this condition
has been met. Said strip situated on the Diamond Estates Subdivision No. 2 will be
dedicated with the filing of the final plat for that phase.
Page 5
16. A 1-foot wide “No Access” strip shall be shown on the plat along the entire frontage of Oak Street
and Durston Road.
Said “No Access” strip is noted accordingly on the final plat.
17. PRVs shall be installed at all connections to the existing water system on the south end of the
subdivision
Not applicable, said Pressure Reducing Values are required with Phase I and Phase IV.
JM/jm
Attachments: Four (4) Mylar Final Plats and One (1) Blackline Copy
Original Improvements Agreement
Original Platting Certificate
Original Notice of Building Permit Restrictions
Copy of the applicant’s submittal
cc: Oak Springs Estates, L.L.C., 1777 Sun Peak Drive, Park City, UT 84098
C & H Engineering, 205 Edelweiss Drive Bozeman, MT 59718
Clerk of Commission with copy of plat
Debbie Arkell, Director of Public Service with copy of plat