HomeMy WebLinkAbout2007-02-26 2_20-29_Approve West Winds Planned Unit Development Phase 3 Subdivision Final Plat, #P-06025
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Tim Cooper, Staff Attorney
Chris Kukulski, City Manager
SUBJECT: West Winds PUD Phase 3 Subdivision Final Plat (#P-06025)
MEETING DATE: February 26, 2007
RECOMMENDATION: Upon the Director of Public Service’s review and concurrence, the City Commission
approves the Final Plat of West Winds PUD Phase 3 Subdivision, and authorizes the Director of Public Service to
execute the same on behalf of the City of Bozeman.
BACKGROUND: This is a request for approval of a Subdivision Final Plat to subdivide ~ 12 acres into 9 single-
household and 2 multi-household lots, streets, park and open space areas. The property is generally located on the
north side of Oak Street between North 27th and Fowler/Davis Avenue. At its July 24, 2006, public hearing, the
Bozeman City Commission voted to conditionally approve the West Winds PUD Phase 3 Subdivision Preliminary
Plat. The applicant applied for final plat approval on December 14, 2006, 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 Lanette Windemaker, Contract Planner, delineating how the conditions of preliminary plat
approval have been satisfied.
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, Staff Attorney Chris Kukulski, City Manager
Attachments: Review Memo to Tim Cooper, dated February 16, 2007.
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MEMORANDUM
To: Tim Cooper, Staff Attorney
From: Lanette Windemaker, AICP; Contract Planner
Date: February 16, 2007
RE: West Winds PUD Phase 3 Subdivision (#P-06025)
Attached please find the final plat submittal for the West Winds PUD Phase 3 Subdivision. Attached
you will find the Original Platting Certificate, four (4) signed mylars, one paper copy and the full final
plat submittal information. Sue Stodola has reviewed the plat submittal and Andy Kerr checked the plat
for closure.
Please prepare a City Attorney’s Certificate using the attached Original copy of the Platting Certificate
and approve the Certificates of Director of Public Service and Certificate of Exclusion from MDEQ
Review “as to form”. If you find this submittal acceptable, please place it as an item on the next
available City Commission Agenda.
West Winds PUD Phase 3 Subdivision is generally located on the north side of Oak Street between
North 27th and Fowler/Davis Avenue. The West Winds PUD Phase 3 Subdivision was approved
subject to the following conditions.
Conditions:
1. Phase 3 of the West Winds Subdivision shall comply with the approved Master Plan and
Development Guidelines for the Planned Unit Development. Complied with.
2. Hunters Way (from Baxter Lane to Oak Street) shall include a Signed Bike Route since this will be
an extension of an existing Signed Bike Route on Hunters Way. Complied with.
3. Per Section 18.42.040, a right-of-way for a pedestrian walk, not less than 10 feet wide, shall be
required in Block 2 extending from Hunters Way to Windward Avenue. Unless the pedestrian right-
of-way is a minimum of 30 feet wide, the setback adjacent to it shall be a minimum of 15 feet. This
will be provided with the site plan, see Plat Note 12.
4. Lots 1 and/or 2, Block 2, may be designated for the construction of an affordable housing complex
of multi-family units of the restricted dwelling unit size (909 square feet) in accordance with Section
18.42.180.C.5 of the Bozeman Municipal Code. See Plat Note 13.
5. Trails from the linear park trail shall be constructed to extend to Hunters Way at mid-block and at
Oak Street. Subject to Improvements Agreement and Financial Guarantee.
6. Water rights, or cash-in-lieu thereof, as calculated by the Director of Public Service, is due with the
final plat. Payment for cash-in-lieu of water rights has been made.
7. The park shall be titled “Public Park”. The open space shall be titled “Open Space, Public Access”.
Notes shall be included on the plat describing ownership and maintenance responsibility for both the
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park and open space, e.g.: public park, dedicated to the city and maintained by the homeowners
association; and open space, public access, owned by the landowners, maintained by the
homeowners association, etc. Complied with.
8. Subdivision lighting SILD information shall be submitted to the Clerk of Commission directly after
Preliminary Plat approval in hard copy and digital form. The final plat will not be deemed complete
until the resolution to create the SILD has been approved by the City Commission. Resolution
#3952, Intent to Create SILD #695 was approved by the City Commission on February 20, 2007.
9. 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. Complied with.
10. Applicant shall provide a soils report, along with building plans, to the Building Division,
recommending types of foundations. If development shall occur in phases, the soils report may
address those lots within the proposed phase. Complied with.
11. The final plat shall comply with the standards identified and referenced in Title 18 of the Bozeman
Municipal Code e. 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. Complied with.
12. Under the Concurrent Construction Plan, the applicant shall agree that there shall be no third-party
builders until all infrastructure is installed and accepted by the COB. Subject to approval of the
Concurrent Construction Plan by the Planning Director.
13. Storm Water Master Plan: Complied with, an easement will need to be recorded with the final plat.
A Stormwater Master Plan for this phase of 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
must be provided to and approved by the City Engineer.
The master plan must depict the maximum sized retention/detention basin location, and locate and
provide easements for adequate drainage ways within the subdivision to transport runoff to the
stormwater receiving channel. The plan shall include sufficient site grading and elevation
information (particularly for the basin sites, drainage ways, and lot finished grades), typical
stormwater retention/detention basin and discharge structure details, basin sizing calculations, and a
stormwater maintenance plan.
Any stormwater ponds located within park or open space shall be designed and constructed so as to
be conducive to the normal use and maintenance of the park or open space. Stormwater ponds for
runoff generated by the subdivision shall not be located in easements on privately owned lots.
While the runoff from the individual lots will be dependent on the intensity of use on each lot, the
maximum sizing of the storm retention facilities for each lot will be established based on maximum
site development. Final facility sizing may be reviewed and reduced during design review of the FSP
for each lot.
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14. Stormwater generated by the proposed subdivision shall not be discharged to an irrigation facility.
Complied with.
15. 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. Complied with.
16. Any easements needed for the water and sewer main extensions shall be a minimum of 30 feet in
width with the utility located in the center of the easement. 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. Complied with.
17. Plans and Specifications and a detailed design report 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. Complied with.
No building permits shall be issued prior to City acceptance of the required infrastructure
improvements unless approved for concurrent construction.
18. Any street rights of way which are within the boundaries of this subdivision and for which
easements were provided with the XL Limited Partnership Annexation Agreement shall be dedicated
to the City on the Final Plat for this subdivision. Complied with.
19. A detailed Traffic Study Report for the entire West Winds Development has been provided to and
reviewed by the City Engineer’s office. A traffic impact analysis update will be necessary with the
next phase. Complied with.
20. Street names must be approved by the City Engineer and county road office. Complied with.
21. City standard curb, gutter and sidewalk shall be provided along all streets in the subdivision. 6 foot
wide sidewalk will be required in the standard location on the development’s side of West Oak
Street. Per Section 18.44.080 of the Bozeman Municipal Code, sidewalks will be installed prior to
occupancy of any individual lots. Complied with.
22. A schematic signage plan for the subdivision, noting any proposed traffic calming measures, shall be
provided with the design report for review and approval by the City Engineer. Complied with.
23. 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. Complied with.
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24. Parking will not be allowed on West Oak Street. Complied with.
25. Plans and Specifications and a detailed design report 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. Complied with.
No building permits shall be issued prior to City acceptance of the required infrastructure
improvements unless approved for concurrent construction.
26. Project phasing shall be clearly defined on the infrastructure plans and specifications including
installation of infrastructure. Complied with.
27. Any public street rights of way for which easements have been provided (i.e. Oak Street) shall be
dedicated to the City on the Final Plat for this subdivision. Complied with.
28. Provide a temporary turn-around with an all-weather surface at the west end of Breeze Lane at
Windward Avenue. Provide an easement for the temporary turn-around on the Final Plat. Complied
with, an easement will need to be recorded with the final plat.
29. If approved for concurrent construction, detailed review and approval of the concurrent construction
plans will be part of the infrastructure plan and specification review process. Building permits may
not be issued until the plans are approved. Complied with.
30. A 1 foot no access easement shall be shown on the final plat along the entire frontage of West Oak
Street. Complied with.
31. The location of mailboxes shall be coordinated with the City Engineering Department prior to their
installation. Complied with.
32. The applicant 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. Complied with.
33. 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. Complied with.
34. 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. Complied with.
35. 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 18.74.020.A.1 of the Bozeman Municipal
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Code. This shall be submitted as part of the final site plan for site developments, or with the
infrastructure plans for subdivisions. It shall be the responsibility of the applicant to ensure that the
construction traffic follows the approved routes. Complied with.
36. All construction activities shall comply with Section 18.74.020.A.2. of the Bozeman Municipal
Code. 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. Complied with.
Code Provision:
a) Section 18.42.180 requires 10% of the net buildable area to be devoted towards Restricted Size Lots.
The Final Plat shall indicate which lots are reserved to meet the RSL requirement. Complied with.
b) Section 18.16.050 requires the yard setbacks adjacent to Oak Street to be 25-feet, and this shall be
noted in the covenants and restrictions for the homeowners’ association. Complied with.
c) Pursuant to Section 18.44.090.C, a one (1) foot wide “No Access” strip for all lots fronting onto Oak
Street shall be noted on the final subdivision plat. Complied with.
d) Pursuant to Section 18.42.150, subdivision lighting consisting of street lighting and pathway
intersection lighting shall be provided. Bollard lights need to be placed where the trail from the park
and the walkway between Lots 1 and 2 intersect Hunters Way. Complied with.
e) Per Section 18.50.090, executed waivers of right to protest creation of special improvement districts
(SIDs) for a park maintenance district shall be filed and of record with the Gallatin County Clerk and
Recorder prior to final plat approval. A copy of the filed documents shall be submitted with the final
plan. Complied with.
f) Covenants, restrictions, and articles of incorporation for the creation of a homeowners’ association
shall be submitted with the final plat application for review and approval by the Planning Office and
shall contain, but not be limited to, provisions for assessment, maintenance, repair and upkeep of
common open space areas, public parkland/open space corridors, stormwater facilities, public
pathway/trails, snow removal, and other areas common to the association pursuant to Chapter 18.72
of the Bozeman Municipal Code. Complied with.
g) Prior to final plan approval, a common area and facility maintenance plan and guarantee shall be
provided for the permanent care and maintenance of open spaces, recreational areas, stormwater
facilities and parking lots in accordance with Chapter 18.72 of the Bozeman Municipal Code. The
same shall be submitted to the city attorney and shall not be accepted by the city until approved as to
legal form and effect. A draft of these documents must be submitted for review and approval by the
Planning Department at least 30 days prior to filing and recordation with the Gallatin County Clerk
and Recorder. Complied with.
h) If approved for Concurrent Construction, the applicant shall submit a Concurrent Construction Plan
that addresses all aspects of 18.74.030.D to the Planning Department for DRC review and Planning
Department approval. Complied with.
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i) Section 18.78.070.D requires a Final Park Plan to be approved by the City Commission, with a
recommendation from the Bozeman Recreation and Parks Advisory Board, prior to Final Plat
approval. Four bound copies of the plan shall be submitted to the Planning Office for review prior to
installation of any improvements or prior to Final Plat submission, whichever comes first. The Park
Plan shall address all of the criteria outlined in Section 18.78.060.P. The park plan was a portion of
the Final PUD Plan which was approved by the City Commission on September 6, 2005.
j) The Final Plat shall conform to all requirements of Title 18 of the Bozeman Municipal Code and the
Uniform Standards for Final Subdivision Plats 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 four (4) signed reproducible copies on a 3 mil or heavier stable base polyester film (or
equivalent); two (2) digital copies on a double-sided, high density 3-1/2" floppy disk; and five (5)
paper prints. Complied with.
k) Pursuant to Section 18.06.040.D.6, conditional approval of the Preliminary Plat shall be in force for
not more than one calendar year for minor subdivisions, two years for single-phased major
subdivisions and three years for multi-phased major subdivisions. Prior to that expiration date, the
applicant may submit a letter of request for the extension of the period to the Planning Director for
the City Commission’s consideration. The City Commission may, at the written request of the
applicant, extend its approval for no more than one calendar year, except that the City Commission
may extend its approval for a period of more than one year if that approval period is included as a
specific condition of a written subdivision improvements agreement between the City Commission
and the applicant, provided for in §18.74.060, BMC. Complied with.
l) If it is the applicant’s intent to file the plat prior to installation, certification, and acceptance of all
required improvements by the City of Bozeman, 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 applicant shall supply the City of Bozeman with an
acceptable method of security equal to 150% of the cost of the remaining improvements. Complied
with.
m) 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 has been satisfactorily
addressed. Complied with.
Attachments: Four (4) signed Mylars of Final Plat
Original Platting Certificate
Full Final Plat Submittal
One paper Copy of Final Plat
cc: Debbie Arkell, Director of Public Service with copy of plat.
Cascade Development Inc. (John Dunlap), 3825 Valley Commons Dr, Ste 4,Bozeman, MT
59718-6436
HKM Engineering Inc., 601 Nikles Drive, Suite 2, Bozeman, MT 59715
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