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HomeMy WebLinkAboutThe Meadows Minor Subdivision Final Plat, P14028_11 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Tim Cooper, Assistant City Attorney Tom Rogers, Planner II SUBJECT: The Meadows Minor Subdivision Final Plat MEETING DATE: June 16, 2014 AGENDA ITEM TYPE: Consent RECOMMENDATION: Upon the Director of Public Work’s review and concurrence, the City Commission approves the Final Plat of The Meadows Minor 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 the Final Plat for The Meadows Minor Subdivision, a five-lot, residential subdivision located on the northwest corner of Kimball Avenue and Tilton Street. At its April 21, 2014 public hearing, the Bozeman City Commission voted to conditionally approve The Meadows Minor Subdivision Preliminary Plat. The applicant applied for final plat approval on May 5, 2014, 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 Tom Rogers, Planner II, delineating how the conditions of preliminary plat approval have been satisfied. UNRESOLVED ISSUES: None identified ALTERNATIVES: None identified. As directed by the City Commission. 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. 106 Attachments: Staff Memo; Final Plat Report compiled on: June 5, 2014 107 Development Review Division Policy and Planning Division Building Division CITY OF BOZEMAN DEPARTMENT OF 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: CITY ATTORNEY’S OFFICE STACY ULMEN, CITY CLERK FROM: TOM ROGERS, AICP SUBJECT: FINAL SUBDIVISION PLAT REVIEW THE MEADOWS MINOR SUBDIVISION; PLANNING FILE NO. P14028 DATE: MAY 23, 2014 Madison Engineering, Inc on behalf of John & Laree Tribitt Living Trust, have made application to the City of Bozeman Department of Community Development for Final Plat review and approval for The Meadows Subdivision, a five (5) lot subdivision. On April 21, 2014, the City Commission granted preliminary plat approval to subdivide 16,774 square feet together with the required supplementary plans and information to create five (5) single-household residential lots. Attached is a copy of the signed Findings of Fact and Order dated June 2, 2014. The application includes an Improvements Agreement and financial guarantee for required subdivision related improvements that will not be completed with the filing of the final plat (i.e., landscaping and irrigation in public right-of-way, sidewalks, and sewer and water service improvements). Based on the summary review provided below the Development Review Committee, the City Engineering’s Department and Department of Community Development have reviewed the application against the conditions of preliminary plat approval; and as a result, find that the final plat application may be approved by the City Commission. Three (3) original mylars of the Final Plat, original Platting Certificate, copy of the property owner association documents and a copy of the Findings of Fact and Order are attached for your review. The property owner’s association documents and other applicable documents will be recorded and filed with the final plat at the Clerk and Recorder’s Office. The Community Development staff respectfully requests that you prepare a City Attorney's Certificate using the attached original Platting Certificate; approve the Certificates of Director of Public Works and Certificate of Completion "as to form". The applicant will then obtain the final signatures on thy mylars (including obtaining the Certificate of County Treasurer that all taxes and special assessments have been paid) prior to the Director of Public Works signing the mylars. A complete application was submitted to the Community Development Department on May 5, 2014. Based on the applicant having submitted a complete application on May 5, 2014 for final plat review and approval, and further finding that the application was deemed complete on May 12, 2014, the 45-day (working days) review period for this final plat would expire on July 8, 2014. 108 Page 2 The conditions of preliminary plat approval, which are pertinent to this major subdivision, and how they have been met, follow: 1. The plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey and Subdivision Plats (24.183.1104 ARM) 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 three (3) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies; one (1) PDF copy; and five (5) paper prints. The Gallatin County Clerk & Recorder’s office has elected to continue the existing medium requirements of 2 mylars with a 1½” binding margin on one side for both plats and COS’s. The Clerk and Recorder will file the new Conditions of Approval sheet as a separate document from the Plat. This accompanying sheet may either be on a same sized mylar sheet or a letter or legal paper document with up to 11x17 exhibits. Response: All required documents to file the final plat have been provided. Attached please find three (3) mylar final plats, original Platting Certificate, and copies of all applicable documents and exhibits necessary for your review. The City Engineer’s Office verified closure on the final plat on March 20, 2014. 2. 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. Response: The Applicant acknowledges this condition. 3. The final plat shall provide all necessary utility easements and shall be described, dimensioned and shown on the final plat in their true and correct location. Any rear or side yard utility easements not provided will require written confirmation from ALL utility companies providing service indicating that rear or side yard easements are not needed. Response: The final plat depicts and dimensions required utility easements in the true and correct locations. No interior side yard easements will be provided as these are townhouse lots. 4. 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 and noted code provisions have been satisfactorily addressed, and shall include a digital copy (pdf) of the entire Final Plat submittal. This narrative shall be in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. Response: A written narrative, exhibits and documents are included in the attached materials addressing the conditions of approval provided by the applicant. 5. Pursuant to Section 38.24.090.B.2, BMC, legal and physical access shall be provided by an improved alley and a greenway corridor trail with public access. Applicant shall continue the construction of the existing 5 foot concrete sidewalk within the Valley West Phase 3D Open Space No. 10 adjacent to the subject property to Kimball Avenue boulevard sidewalk to City standards. This option may require additional improvements to the alley to accommodate emergency access, snow removal and storage, and the provision of utilities. The alley may also require signage for the provision of emergency services. Response: The Applicant acknowledges this condition and requested that sidewalks, boulevard landscaping and water and sewer services be bonded and constructed with construction of the 109 Page 3 townhouses. A bond in the amount of 150% of the estimated construction costs is included with the submittal. 6. 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 38.39.020.A.1 of the Unified Development Ordinance. This shall be submitted as part of the final site plan for site developments, or with infrastructure plans for subdivisions. It shall be the responsibility of the applicant to ensure that the construction traffic follows the approved routes. Response: A construction route map will be provided with the final plat submittal or with infrastructure plans for the subdivision. 7. All construction activities shall comply with section 38.39.020.A.2 of the Unified Development Ordinance. 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. Response: The Applicant acknowledges this condition. 8. All water and sewer service lines shall be located in the standard location as approved by the water/sewer superintendent. Response: The existing lot has water and sewer services stubbed to the edge of the property. The Applicant proposed to sue these four (4) water and sewer service lines to serve the newly created townhouse lots. All water and sewer lines will review and approved by the City Engineering Department. Bozeman Municipal Code Provisions: a. Pursuant to Section 38.06.040.A.5.f of the BMC, conditional approval of the Preliminary Plat shall be in force for not more than one calendar year for minor subdivisions. Prior to that expiration date, the developer may submit a letter of request for the extension of the period to the Community Development Director for a mutually agreed-upon period of time. The preliminary plat for The Meadows was approved by the City Commission on April 21, 2014. The approval is in effect for three years (April 21, 2015). b. Section 38.39.030, BMC “Completion of Improvements” - If it is the developer’s intent to file the plat prior to the completion of all required improvements, 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 developer shall supply the City of Bozeman with an acceptable method of security equal to 150 percent of the cost of the remaining improvements. Application fees are required for an improvements agreement application at $400 or 1% of the amount to be guaranteed, whichever is greater. The Applicant acknowledges this requirement. The Applicant will enter into an improvement agreement for water and sewer service lines, boulevard landscaping and irrigation, and for sidewalks. A bond equal to 150% of the estimated cost of the improvements was submitted with the application. c. Section 38.39.030.B.2, BMC “Sidewalks”. The final plat and property owner’s association documents shall include language stating that “upon the third anniversary of the plat recordation 110 Page 4 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 unless otherwise provided for in a building permit restriction and improvements agreement.” The final plat includes the required language. This property is under the existing Valley West Subdivision Home Owners’ Association. d. Final plats shall contain the applicable language for all certificates listed in Sections 38.06.020 through 38.06.110. The final plat includes the required certificates. e. 38.26.050.E “Street Frontage” – The property owners’ association documents shall contain language stating that all street rights-of-way contiguous to or within the proposed development site not used for street pavement, curbs, gutters, sidewalks or driveways (i.e., street boulevards) shall be landscaped, as defined in the Bozeman Municipal Code, and shall include one (1) large canopy tree for each 50 feet of total street frontage rounded to the nearest whole number. For street trees, a City of Bozeman planting permit for street trees and obtaining utility locates is required before any excavation begins in the City of Bozeman right-of-way. The covenants shall include a planting note stating that the planting hole shall be at least twice the diameter of the root ball, that the root flare of the newly planted tree is visible and above ground, and there should be a mulch ring 3’- 4’ in diameter around each newly planted boulevard tree. This property is under the existing Valley West Subdivision Home Owners’ Association. f. Section 38.23.050 “Utilities” - Utilities shall be placed underground, wherever technically and economically feasible. If overhead utility lines are used, they shall be placed along the rear property line. All utilities will be installed underground. g. 38.23.120 - If mail will not be to each individual lot within the development, the developer shall provide an off-street area for mail delivery within the development in cooperation with the United States Postal Service. All cluster mail boxes must be ADA accessible and placed accordingly. It shall not be the responsibility of the City to maintain or plow any mail delivery area constructed within a City right-of-way. Mail service will be provided by an existing cluster mail box within the Valley West Subdivision. h. 38.39.030.B.2 “Sidewalks” – The final plat and property owners’ association documents shall include language stating that “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.” The final plat includes the required language. i. 38.41.050.A.8 – 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 Community Development Department prior to final plat approval. The required MOU was included with the final plat application submittal. j. 38.41.070.A/5, BMC “Irrigation System As-Builts” - The developer shall provide irrigation system as-builts for all irrigation installed in public rights-of-way once the irrigation system is 111 Page 5 installed. The as-builts shall include the exact locations and type of lines, including accurate depth, water source, heads, electric valves, quick couplers, drains and control box. The Applicant acknowledges this condition. As-builts will be required prior to release of the improvement agreement covering the installation of irrigation systems. k. 38.21.080.A, BMC Cleanup of property” - The subdivider shall ensure that all construction material and other debris are removed from the subdivision prior to final plat approval, or prior to release of said financial guarantee, if an Improvements Agreement is necessary with the final plat. The Applicant acknowledges this condition. l. Pursuant to City of Bozeman Design Standards and Specification Policy, Street Naming and Addressing, the developer 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. The Applicant acknowledges this condition. All street names and address will be assigned by the City Engineering Department. m. 38.27.090 “Waiver of Park Maintenance District” – Prior to final plat approval executed waivers of right to protest the creation of special improvement districts (SIDs) for a park maintenance district will be required to be filed and of record with the Gallatin County Clerk and Recorder, unless already filed with annexation. The Applicant signed and recorded a Waiver of Park Maintenance District. n. Section 34.04.010, BMC requires City standard sidewalk to be installed and properly depicted at the standard location (i.e. 1 foot off property line) along the street(s) frontage. Any deviation to the standard alignment or location must be approved by the City Engineer. The Applicant acknowledges this condition. Note: The Engineering Department has also reviewed and approved the “closure” of the final plat. Attachments: Three (3) Mylar Final Plats and One (1) Blackline Copy Applicant’s Written Narrative and Complete Submittal Original Platting Certificate Copy of Improvements Agreement Copy of Financial Guarantee Copy of Findings of Fact and Order cc: Mr. John Tribett, John & Laree Tribitt Living Trust, PO Box 1818, Pinedale, WY 82941 Mr. Chris Budeski, P.E., Madison Engineering, Inc., 895 Technology Boulevard, Suite 203, Bozeman, MT 59715 112 S 89 59’ 25" E - 137.28’ (R) S 89 59’ 25" E - 137.20’ (C)S 00 28’ 03" W - 122.21’ (R)S 00 28’ 03" W - 122.31’ (C)N 89 58’ 13" W - 137.28’ (R) N 89 56’ 28" W - 137.19’ (M)N 00 28’ 03" E - 118.06’ (R)N 00 28’ 03" E - 118.00’ (C)N 00 28’ 03" E - 122.17’ (R)N 00 28’ 03" E - 122.19’ (C)BASIS OF BEARINGS35.26’25.00’25.00’25.00’26.93’ 36.24’25.00’25.00’25.00’25.96’N 00 00’ 35" E - 122.22’N 00 00’ 35" E - 122.24’N 00 00’ 35" E - 122.26’N 00 00’ 35" E - 122.28’(406) 586-0262 | (406) 586-5740 FAX Suite 203, bozeman, mt 59715 895 Technology Boulevard PROJECT SURVEYOR: DRAWN BY: REVIEWED BY: DATE:PROJECT NO. Sec.T.R. 1/4 1 OF SHEET Scale 1" = ’ Sec.T.R. 1/4 586.4490 Fax 586.5599 Office Bozeman, MT 59715 Suite B 1970 Stadium Drive, 1 THIS SURVEY WAS PERFORMED FOR MADISON ENGINEERING THE PURPOSE OF THIS SURVEY IS TO CREATE A 5-LOT SUBDIVISION N (As Noted) The West Line of Lot 146 BASIS OF BEARING PROJECT AREA and across each area designated on this plat as "Utility Easement" to have and to hold forever. the construction, maintenance, repair and removal of their lines and other facilities in, over, under, cable television, water or sewer service to the public, the right to the joint use of an easement for whether public or private, providing or offering to provide telephone, electric power, gas, internet, The undersigned property owners, hereby grant unto each and every person, firm or corporation, hereby dedicated to public use. obligation to maintain the lands included in all streets, avenues, alleys and parks or public squares the City accepts no responsibility for maintaining the same. The owners agree that the City has no avenues, alleys, and parks or public squares dedicated to the public are accepted for public use, but for the public use and enjoyment. Unless specifically listed herein, the lands included in all streets, parks or public squares shown on said plat are hereby granted and donated to the City of Bozeman City of Bozeman, Gallatin County, Montana; and the lands included in all streets, avenues, alleys and The above described tract of land is to be known and designated as The Meadows Subdivision SUBJECT to all easements of record or apparent from a visual inspection of the property. containing 0.385 acres or 16,770 square feet more or less. thence North 00 28’ 03" East a distance of 122.19 feet to the Point of Beginning thence North 89 56’ 28" West a distance of 137.19 feet to an M & M red plastic cap; thence South 00 28’ 03" West a distance of 122.31 feet to an M & M red plastic cap; thence South 89 59’ 25" East a distance of 137.20 feet to an Alpine aluminum cap; red plastic cap bears North 00 28’ 03" E a distance of 118.00 feet; Beginning at an Alpine aluminum cap at the northwest corner of said Lot 146, from which an M & M described as follows: Range 5 East, Principal Meridian Montana (P.M.M), Gallatin County, Montana being more particularly County Clerk and Recorder located in the Northwest One-Quarter of Section 10, Township 2 South, A tract of land being Lot 146 of Valley West Subdivision Phase 3D on record with the Gallatin LEGAL DESCRIPTION the following described tracts of land, to-wit: subdivided and platted into lots, blocks, roads and alleys, as shown by this plat hereunto included, We, the undersigned property owners, do hereby certify that we have caused to be surveyed, CERTIFICATE OF DEDICATION ANATNOM ROYEVRUS DNAL LANOISSEFORPDERETSI GERNo. 13601 LS GNAUCK THOMAS City of Bozeman, Montana Director of Community Development _____________________________________________________________ DATED this _____________ day of __________________, ____________. Subdivision and Platting Act, §76-3-101 et. seq., MCA, and the Bozeman Municipal Code. has been duly reviewed, and has been found to conform to the requirements of the I, _______________________, do hereby certify that the accompanying Amended Plat CERTIFICATE OF GOVERNING BODY City of Bozeman, Montana Director of Public Works _____________________________________________________________ DATED this _____________ day of __________________, ____________. being dedicated to such use. City of Bozeman for the public use of any and all lands shown on the plat as conform to the law, approves it, and hereby accepts the dedication to the the accompanying plat has been duly examined and has found the same to I, Director of Public Works, City of Bozeman, Montana, do hereby certify that CERTIFICATE OF DIRECTOR OF PUBLIC WORKS Treasurer of Gallatin County ____________________________________________________ Dated this______ day of ___________, _______ and levied on the land to be surveyed have been paid. examined and that all real property taxes and special assessments assessed do hereby certify that the accompanying Subdivision Plat has been duly I, _________________________the Treasurer of Gallatin County, Montana CERTIFICATE OF COUNTY TREASURER Clerk and Recorder of Gallatin County ____________________________________________________ Document Number ____________________ Records of the Clerk and Recorder, Gallatin County, Montana. and recorded in Book ___________ of Plats on Page _______________, at _________ o’clock ____.M. this _______ day of ___________ my office at: Montana, do hereby certify that the foregoing instrument was filed in I, ____________________Clerk and Recorder of Gallatin County, CERTIFICATE OF CLERK AND RECORDER City of Bozeman, Montana Director of Public Works _________________________________________________________ DATED this _____________ day of __________________, ____________. review. from the requirement for Montana Department of Environmental Quality Therefore, under the provisions of §76-4-125(2)(d) MCA, this subdivision is excluded provided with adequate storm water drainage and adequate municipal facilities. growth policy which was adopted pursuant to §76-1-601 et seq., MCA, and can be Montana, a first-class municipality, and within the planning area of the Bozeman Gallatin County, Montana, is within the City of Bozeman, The Meadows Subdivision, DEPARTMENT OF ENVIRONMENTAL QUALITY REVIEW CERTIFICATE OF EXCLUSION FROM MONTANA SUBDIVISION PH 3DVALLEY WEST LOT 124SUBDIVISION PH 3DVALLEY WEST O.S. 7SUBDIVISION PH 3DVALLEY WEST O.S. 10SUBDIVISION PH 3DVALLEY WEST LOT 147SUBDIVISION PH 3DVALLEY WEST LOT 126SUBDIVISION PH 3DVALLEY WEST LOT 234SUBDIVISION PH 3DVALLEY WEST LOT 139TILTON STREET (60’ R.O.W.)ALLEY (30’ R.O.W.)ALLEY (30’ R.O.W.)KIMBALL AVENUE (60’ R.O.W.)10’ P.U.E. 7.5’ P.U.E. P.O.B. KIMBALL 064-774-15-14 NH TG TG 10 2 S.5 E. 20 THE MEADOWS SUBDIVISION (C) (R) (M) R.O.W. P.U.E. P.O.B. My commission expires ___________________________ Residing at _____________________________________ Notary Public for the State of ________________________ Printed name ______________________________________________ Signature ______________________________________________ Witness my hand and seal the day and year herein above written. Tribitt Living Trust and acknowledged to me that said corporation executed the same. the person who signed the foregoing instrument as Trustee of the John Tribbit and Laree a Notary Public in and for said state, personally appeared John Tribitt, known to me to be On this ______________day of _____________________________, 2014, before me, County of _______________________) s.s. State of _________________________) Trustee John Tribitt __________________________________ John Tribbit and Laree Tribitt Living Trust DATED this _____________ day of __________________, ____________. SETBACK 15’ SIDEYARD SETBACK 15’ FRONTYARD EASEMENT SIDEWALK PUBLIC 6’ SIDEWALK SETBACK 5’ SIDEYARD SETBACK 20’ REARYARD CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA TOWNSHIP 2 SOUTH, RANGE 5 EAST, P.M.M., IN THE NORTHWEST ONE-QUARTER OF SECTION 10, VALLEY WEST SUBDIVISION PHASE 3D LOCATED A MINOR SUBDIVISION OF LOT 146 OF FINAL AMENDED PLAT SIDEWALK NOTE 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. Director of Public Works ______/______/2014______________________________________ Registration No. 10825 PE Chris Budeski, PE ______/______/2014______________________________________ Trustee of the John and Laree Tribitt Living Trust John Tribitt ______/______/2014______________________________________ infrastructure improvements, subject to the above indicated warranty. the City of Bozeman, and the City hereby accepts possession of all public The subdivider grants possession of all public infrastructure improvements to for a period of two years from the date of acceptance by the City of Bozeman. The subdivider hereby warrants against defects in these improvements Boulevard Landscaping and Irrigation 3. Sidewalks2. Sewer and Water Services1. the Improvements Agreement for The Meadows Subdivision: The following improvements have been financially guaranteed in accordance with and covered by the improvements agreement accompanying this plat. conformance with the approved plans and specifications, or financially guaranteed as a condition(s) of approval of The Meadows Subdivision, have been installed in certify that the following improvements, required to meet the requirements of this title or a registered professional engineer licensed to practice in the State of Montana, hereby I, John Tribitt, Trustee of the John and Laree Tribitt Living Trust, and I, Chris Budeski, CERTIFICATE OF COMPLETION OF IMPROVEMENTS Montana Registration No. 13,601 L.S. Thomas Gnauck, PLS _______________________________ Dated this 15th day of April, 2014. and the Bozeman Municipal Code. the Montana Subdivision and Platting Act (MCA 76-3-101 through 76-3-625), accompanying plat and as described in accordance with the provisions of I surveyed The Meadows Subdivision, and platted the same as shown on the certify that between November 14th, 2013, and ____________________, I, Thomas Gnauck, the undersigned, Registered Land Surveyor, do hereby CERTIFICATE OF SURVEYOR Calculated Record Measured Right-of-Way Public Utility Easement Point of Beginning (Except as Noted) Set 2" Alpine Aluminum Cap (M & M Red Plastic Cap) Found Property Corner Setback Line Easement Line Adjoining Property Line Property Boundary Line LEGEND 4369 ft†3056 ft†3056 ft†3057 ft†3234 ft† VICINITY MAP NOT TO SCALE LOT 1 LOT 2 LOT 3 LOT 4 LOT 5 113