HomeMy WebLinkAboutAgenda Packet 12-04-06_Meadow Creek Phase One Summary_11
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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
MEADOW CREEK SUBDIVISION, PHASE ONE
PLANNING FILE NO. P-06058
DATE: OCTOBER 27, 2006
(Updated November 22, 2006)
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Engineering, Inc., on behalf of Meadow Creek Partners, LLC, has made application to the
Planning Office for Final Plat review and approval for Meadow Creek Subdivision, Phase One, being the
first phase of a residential major subdivision to subdivide 202.4± acres and create 341 mixed-use residential
lots located south of Stucky Road, west of South 19th Avenue, and north of Blackwood Road. Phase One
would subdivide 118.4 acres and create 155 residential lots.
On Monday, November 7, 2005, the City Commission granted preliminary plat approval to
subdivide 202.41± acres and create Meadow Creek Subdivision subject to twenty-nine (29) conditions
(Planning Application No.P-05053). The Commission is scheduled to tentatively approve the Findings of
Fact and Order on November 6, 2006, and a draft of the Findings of Fact and Order is attached to this
memorandum for your review.
The developer has applied for final plat review and approval of Phase One, electing to financially
guarantee the following subdivision improvements for said phase: a) portions of the internal subdivision
street for Enterprise Boulevard and Parkway Avenue, b) City standard boulevard sidewalks, c) boulevard
landscape and irrigation, d) open space landscape, irrigation and trail improvements, and e) parkland
improvements. 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 necessary at this time with this final plat application. All street and
municipal infrastructure improvements are scheduled to be completed, inspected and accepted by the City
of Bozeman with the filing of the final plat for Phase One, with exception to sections along Enterprise
Boulevard and Parkway Avenue. 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.
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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, and deed to transfer site for the Fire Department’s substation.
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. An application for final plat review and
approval was submitted on Wednesday, October 9, 2006 and deemed substantially complete. The 45-day
(i.e., working days) review period would be Wednesday, December 19, 2006. However, a review against the
conditions of preliminary plat approval indicated that the following conditions were not yet met upon
submitting the application: condition #1 – BMC code provisions need to be met, 2) condition #2 and #3
confirmed by City Engineer’s Office, 3) condition #10 – 100-year flood elevations, 4) condition #15 –
modify covenants with language to maintain existing vegetation in right-of-way, 5) condition #25 – modify
covenants, 6) condition #27 – identify all parks as “public”, 7) condition #28 – modify covenants to
provide landscape and placement details for storm water facilities, and 8) condition #29 – modify covenants
to include Seifert language.
A revised final plat and platting certificate, containing a new Certificate of Consent of Mortgage on
the face of the plat, was prepared and submitted to the Planning Office on November 6, 2006. Therefore,
the 45-day (i.e., working days) review period for this final plat now expires on Tuesday, January 9,
2007.
Once 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-06058:
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.
a. Item “e” of staff report - Section 18.42.180.C - Requires 10% of the net building acreage
to be dedicated to Restricted Size Lots, or a minimum of 453,301 square feet for this
subdivision. The Final Plat must identify the RSL lots.
Both the certificate page(sheet 1 of 3) and subdivision page (sheet 2 of 3) of the
final plat need to provide a “notation that identifies the RSL lots for Phase One to
demonstrate how the requirement for RSL lots will be met. The final plat for
Phase One has been updated to address said provision.
b. Item “m” of staff report - Section 18.78.060.G - A professional cultural resource
inventory of the site to be conducted by a qualified archeologist is necessary. The results
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of said survey must be provided to the Planning Office and the State Historic
Preservation Office prior to the disturbance of any of the subdivision grounds.
The final plat application now provides a copy of the professional cultural
resource inventory.
c. Item “v” of staff report - The final plat shall provide public utility easements along side
and rear lots lines as required by the subdivision regulations. However, in the event
front yard easements are used, side and rear yard easements must still be provided on the
plat unless written confirmation is submitted to the Planning Office from all utility
companies indicating that front yard easements are adequate to service said subdivision
lots. The easement notation required in Section 16.14.050.B.4 of the Bozeman
Subdivision regulations shall also be provided on the final plat.
Because the final plat does not provide utility easements along all required yards,
it is necessary to provide the final plat application approval by all utility
companies that said easements being provided are acceptable. Said letters from
all applicable utility companies has been provided with an updated version of the
final plat.
2. 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.
Said improvements are being installed and are scheduled be completed prior to the filing of
the final plat. However, a “No Build” restriction is necessary with the filing of the plat
based on the outcome of said required improvements, as well as other outstanding
subdivision improvements identified by the City Engineer’s Office.
3. Access Permits for the intersections, and Occupancy Permits for water and sewer mains and services
within the State's right-of-way must be obtained from the Montana Department of Transportation.
The City Engineer’s Office has determined that said condition has been met.
4. The west half of South 19th Avenue shall be improved to the 120’ right of way, 5 Lane Principal Arterial
standard as shown in the Greater Bozeman Area Transportation Plan, 2001 Update, along the entire
frontage of the subdivision including tapers back to existing asphalt on the north and south end meeting
AASHTO standards. All of the improvements to South 19th Avenue shall be complete with Phase I of
the subdivision.
Said improvements are being completed prior to the filing of the final plat.
5. The sidewalks adjacent to South 19th shall be 6 feet wide, and shall be installed at the time the street
improvements are done.
Said improvements are scheduled to be completed prior to the filing of the final plat or
financially guaranteed.
6. The north half of Blackwood Road along with the required utility extensions shall be improved to the
62-feet back-of-curb to back-of-curb Collector standard as shown in the Greater Bozeman Area
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Transportation Plan, 2001 Update, along the entire frontage of the subdivision. This shall include the
curb for the future median.
Said improvements for Phase One are scheduled to be completed with the filing of the final
plat.
7. The full width of Graf Street along with the required utility extensions shall be improved to the 48 feet
back-of-curb to back-of-curb Collector standard as shown in the Greater Bozeman Area Transportation
Plan, 2001 Update, from South 27th Avenue to the western boundary of the property.
Said improvements will be completed with the filing of the final plat.
8. The full width of South 27th Avenue from Blackwood Drive to Alder Creek Drive, and the east half
from Alder Creek Drive to Graf Street, along with the required utility extensions shall be improved to
the 62-feet back-of-curb to back-of-curb Collector standard as shown in the Greater Bozeman Area
Transportation Plan, 2001 Update. This shall include the curb for the future median where only a half
street is constructed.
Said improvements will be completed with the filing of the final plat.
9. The proposed variances identified in the preliminary plat submittal are not variances, but rather
deviations from the City Design Standards. Calculations must be submitted to justify the deviations, or
the intersections realigned to meet the standards.
The City Engineer’s Office has approved said variances.
10. 100-year flood elevations shall be computed for the watercourses that are within the subdivision
boundary. All locations where flooding limits encroach onto proposed lots shall be noted on the final
plat along with minimum floor elevation for the structures to be constructed on the effected lots.
Said information is provided on the final plat.
11. The sewer master plan for the area requires that a 10-foot main be installed through this subdivision or
the majority of it to provide service for the properties to the south. The preliminary plat submittal states
that all interior mains will be 8 inches. The mains must be adequately sized to serve the area to the
south.
Said 12-inch main as required by the City Engineer’s Office has been installed to the south
property line.
12. A 1-foot No Access Strip shall be shown on the plat along the entire frontage of South 19th Avenue,
Blackwood Drive, Graf Street, and South 27th Avenue with the exception of along Lots 11 & 12 of
Block 5, and Lots 13, 14, and 15 of Block 9. These lots shall utilize a shared access as shown on the
preliminary plat submittal.
The 1-foot No Access strip and shared access points are noted accordingly on the final plat
for Phase One.
13. All weather access roads shall be installed to provide access to all sewer mains that are not located within
an existing street.
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The City Engineer’s Office has approved all weather access roads for this phase.
14. Pursuant to Section 18.42.070.3 of the UDO, sewer and water mains shall be stubbed out to the
boundary of the subdivision to provide future service to adjoining undeveloped land.
The applicant indicates that water and sewer mains have been extended to the boundaries
of the subdivision for future extension of infrastructure to the west and south, which the
City Engineer’s Office has confirmed..
15. Section 18.44.020.2.b of the UDO requires that the subdivision be a PUD unless the rights of way are
60 feet wide. Two 40-foot rights of way separated by 60 feet of open space is being proposed for South
29th Avenue. Either the subdivision will need to be submitted as a PUD, or the rights of way increased
to 60 feet. Alternatively, the entire 140 feet may be dedicated. The plat and covenants shall require that
the median in this street be maintained by the homeowners association. This shall include any
maintenance or removal of the trees along the ditch.
The City Engineer’s Office has accepted the entire 140 feet, and the protective covenants
require the homeowner’s association to maintain the mature vegetation within the median.
16. That the subject property shall be formally annexed to the corporate limits of the City of Bozeman with
the appropriate municipal zoning designations adopted by the City Commission prior to the applicant
submitting for final plat approval for any phase of the major subdivision.
Resolution of Annexation No. 3909 was adopted by the City of Bozeman on April 17, 2006 to
annex the entire said lands.
17. That the phasing of the major subdivision will not have sub-phasing within each phase and that each
phase shall be in the proper sequential format, regardless of the timing for each phase to be filed at the
Clerk and Recorder’s Office.
No sub-phasing is proposed.
18. That the subdivision exemption for relocation of a common boundary between the adjoining
landowners (i.e., Marshall Bennett and Jane Schaaf and Don Miller) be filed at the Gallatin County Clerk
& Recorder’s Office prior to submitting for final plat review and approval.
Said common boundary realignment has been filed.
19. 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 $54,903.31 for Phase One was paid
on October 10, 2006.
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20. That the final plat contain the following language that is readily visible with lettering, at a minimum
height of 3/16-inch, placing future landowners of individual lots on notice of the presence of high
groundwater in the area of the subdivision for review and approval by the Planning Office:
“Due to the potential of high ground water tables in the areas of the subdivision, no partial or
full basements will be permitted in areas designated as having groundwater within five (5) of the
surface during peak irrigation. The finish floor of all residential structures shall be not less than
two (2) feet above the established elevation from the top of curb of the adjoining street.
Furthermore, it is not recommended that residential dwellings or commercial structures with full
or partial basements be constructed without first consulting a professional engineer licensed in
the State of Montana and qualified in the certification of residential and commercial
construction.”
Said notation is provided on the final plat.
21. Dedication of the public parkland will occur with the first phase of the major subdivision.
Two of the four public parks proposed with the subdivision will be dedicated with Phase
One of the major subdivision. Each park noted on the final plat must identify said acres to
be dedicated, exclusive of any common areas and/or storm water facilities. The Recreation
and Parks Advisory Board and Planning Office endorsed the parkland with Phase One with
the exception to note the actual acres for each park and that Ainsworth Park is a Public
Park.
22. That the applicant dedicates with the first phase of the major subdivision up to a 2-acre parcel of land,
reviewed and approved by the City of Bozeman Fire Department, for the purposes of a fire department
substation situated along Graf Street.
This matter was not addressed with the original final plat application, whereby said parcel
of land for the purposes of a fire department substation along Graf Street was deeded to the
City. The creation and documentation to transfer said parcel to the City of Bozeman was
executed on November 16, 2006 (see attached copy of warranty deed).
23. Public pathway easements shall be at least 25-30-feet wide, including said easement located in Block 23
of Phase 2b, and noted accordingly on the final plat.
Said public pathway easements are provided. However, the alignment of the easement on
Lot 14 and 15, Block 9 does not allow proper placement of the 30-foot wide shared access
easement service both lots. Therefore, said alignment will need to be adjusted.
24. That the final design and specifications of the trail system within the major subdivision be reviewed and
approved by the Superintendent of Parks and Recreation.
25. That the applicant modify the protective covenants of the homeowner’s association as outlined in the
staff report and that the applicant submit a revised draft of the protective covenants for review and
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.
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Said protective covenants need to be modified to address items identified by staff.
26. All areas for the purposes of open space, storm water runoff facilities, and other common areas owned
and maintained by the homeowner’s association shall be identified on final plat as “common area”
and/or “common open space”, and noted accordingly in the protective covenants of the homeowner’s
association documents.
27. All parks that are dedicated parkland shall be noted on the final plat as “Public Park”.
Ainsworth Parks has been identified as a public park on the final plat.
28. That the applicant provide in the protective covenants of the homeowners association for review and
approval by the Planning Office, written language and landscape details providing the necessary
provisions for the proper landscaping of all storm water facilities and related structures, and that all
facilities will be a distance not less than 30 feet from the water courses.
The protective covenants will be amended to provide adequate provisions for the placement
and landscaping of the storm water facilities and related structures.
29. That the applicant provide in the protective covenants of the homeowners association for review and
approval by the Planning Office, the recommended language provided by Mr. Donald Selfert regarding
agricultural and farming practices, damage due to livestock, pets, and trespassing on private agricultural
lands.
The revised protective covenants contain the recommended language provided by Mr.
Seifert.
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 Warranty Deed and Realty Transfer Certificate for City of Bozeman Fire Station Site
cc: Meadow Creek Partners, LLC., 924 Stoneridge Drive, Suite 1, Bozeman, MT 59718
Madison Engineering, 924 Stoneridge Drive, Suite 1, Bozeman, MT 59718
Engineering Inc., 705 Oysterman Drive, Suite F, Bozeman, MT 59715