HomeMy WebLinkAbout05-14-07_Approve Loyal Garden Major Subdivision Phase 1A Fi_5
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Tim Cooper, Staff Attorney
Chris Kukulski, City Manager
SUBJECT: Loyal Gardens Subdivision Final Plat
MEETING DATE: May 14, 2007
RECOMMENDATION: Upon the Director of Public Service’s review and concurrence, the City Commission
approves the Final Plat of Loyal Gardens Subdivision, Phase 1A, 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 ~ 40 acres into 50 lots.
The property is generally located on the southwest corner of Cottonwood Road and Huffine Lane. At its May 22,
2006, public hearing, the Bozeman City Commission voted to conditionally approve the Loyal Gardens Subdivision
Preliminary Plat. The applicant applied for final plat approval, 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 Jami Morris, 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 May 1, 2007.
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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
To: Tim Cooper
From: Jami Morris, Contract Planner
jamimorris@bresnan.net or 570-6209
Date: May 1, 2007
Subject: Loyal Garden MaSub Phase 1A Final Plat #P-07014
Covenant Investments Inc., has made application to the Planning Office for Final Plat review and
approval for Loyal Garden Major Subdivision, Phase 1A, being a multi-phased, residential subdivision
located on the southwest corner of Cottonwood Road and Huffine Lane.
On May 22, 2006, the City Commission granted preliminary plat approval to subdivide 75 acres into
139 single and two-household residential lots, 15 mixed multiple household residential and office lots, and
the remaining area as parks, open spaces, streets, and alleys with Phase 1A accounting for 39.885 acres and
50 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 Loyal Garden Phase 1A Major
Subdivision, electing to financially guarantee the remaining infrastructure improvements. 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.
Attached for your review: four (4) original mylars of the Final Plat, original Platting Certificate,
draft Improvements Agreement, signed Covenants and draft Notice of Building Permit Restrictions.
Please have the Director of Public Service sign the applicable certificates on the final plat, 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 signed, notarized, recorded and filed with the final plat at the Clerk
and Recorder’s Office.
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.
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
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the final plat. 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 March 14, 2007. The final plat application was deemed complete
on May 1, 2007. The maximum 45 working day review period will expire on July 2, 2007. On behalf of the
Planning Office I would request that the plat be scheduled before the City Commission for approval on
Monday, May 21, 2007.
The final plat application complies with all of the code provisions identified in the Findings of Fact and
Order. The conditions of preliminary plat approval, which are applicable to this phase, and how they have been
met, follow:
1. Existing mature vegetation shall be saved and relocated within the subject property, to the maximum
extent feasible.
A majority of the mature vegetation was relocated to the open space and parkland areas.
2. The existing barn shall be maintained in its current location and incorporated into the new site
design. If the barn is not able to be incorporated into the new site design, it shall be relocated to a
within the project boundaries. If a structural report by a professional engineer indicates that the barn
is not feasible to relocate, the developer will be required to complete a Montana Historic Property
Record Form for review by the local and State Historic Preservation Offices prior to disassembly.
The barn has not been moved. In the event the owner chooses to move the barn then the
owner will be responsible for contacting the City Planning Office and the City Building
Department for proper permitting. If the building is planned for demolition then the owner
shall complete the Montana Historic Property Record Form and submit the form to the
State Historic Preservation Office for review prior to disassembly.
3. Should any cultural materials be inadvertently discovered during construction of this project, the
State Historical Preservation Office (SHPO) and the Bozeman Historic Preservation Office must be
contacted immediately.
No cultural materials have been discovered to date.
4. The existing warehouse and residence shall either be connected to municipal water and sewer upon
annexation of the property and availability of service, or removed from the property. The barn shall
also be connected to municipal water and sewer if converted to a use which requires services.
The warehouse and residence will be connected to City water and sewer upon availability.
The barn is not planned for uses which would require connection. The extension of the
water and sewer to the property has been included in the estimate for the financial
guarantee.
5. The proposed lift station shall be relocated to be south of the large detention pond and orchard. If
the lift station is proposed within an Entryway Overlay District, it shall be subject to the Bozeman
Design Objectives Plan and must be reviewed and approved by Administrative Design Review Staff
prior to construction.
The lift station is located within the Entryway Overlay District. The applicant applied and
was granted a Certificate of Appropriateness for the structure.
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6. A declaration of the most recent covenants, with the corrections outlined by Staff, must be included
and recorded with the Final Plat.
The covenants were rewritten as outlined by Planning Staff and will be part of the recording
packet forwarded to the County Clerk & Recorder.
7. Water rights, or cash-in-lieu thereof, shall be provided and paid for prior to final plat approval. If the
final plat of the subdivision is filed in phases, water rights will only be required for each phase as the
final plat for that phase is filed. The amount of water rights required will be determined by the
Director of Public Service based on the proposed final plat(s).
The Engineering Department accepted a share of the Farmers Canal in lieu of the total
estimated water rights required with the development of the property. In addition to the
share the subdivider paid $12,965.02 to fulfill the total obligation of Phase 1A. Additional
cash in lieu of water rights will be assessed with each subsequent final plat phase.
8. The dedicated parkland shall be identified as “Public Park” on the final plat and the common open
space access strips and pocket parks shall be overlaid with a public access easement. Provisions
within the covenants shall provide for the care and maintenance of these areas, which will ensure
usability for the homeowners and general public.
The park has been appropriately labeled. Note #4 under General Notes outlines provisions
for public access of the open space areas and the required maintenance by the homeowners
association. Note #5 further requires the developer and then the homeowners association
to maintain the park until such time a parks district is established.
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.
A high ground water notation is included on the plat.
10. The final plat shall comply with the standards identified and referenced in the Unified Development
Ordinance. 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.
A majority of the mature vegetation was relocated to the open space and parkland areas.
11. The west half of Cottonwood Road including any required utility extensions shall be constructed
along the frontage of the subdivision including tapers meeting AASHTO requirements to transition
back to the existing road width. Any signalization, geometric or other offsite improvements
identified in the TIA for the project shall be completed as well. All improvements to Cottonwood
Road and Huffine Lane shall be completed in their entirety with Phase 1 of the development.
The subdivision complies with the standards identified and referenced in the Unified
Development Ordinance including:
• Submittal of the final plat within 3 years of preliminary approval.
• Subdivision lighting plan.
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• Adoption of a Final Park Master Plan
• Memorandum of Understanding with the Weed Control District.
• Stormwater master plan.
• Plans and specifications for water and sewer main extensions and public streets.
• Infrastructure improvements including water and sewer main extensions and
services, street infrastructure including curb, gutter and asphalt.
• Easements for water and sewer main extensions.
• Submittal of an improvements agreement for improvements to be financially
guaranteed.
• Additional permitting
• Construction route map
12. A one-foot “No Access Strip” shall be shown on the plat along the entire lot frontage of Huffine
Lane and Cottonwood Road.
A one foot no access strip for Cottonwood Road and Huffine Lane has been depicted on the
plat.
13. Sewer and water main stubs shall be provided across Cottonwood on both the north and south end
of the subdivision for future extension to serve the properties to the south and east.
The sewer main has been extended and water main stubs have been provided to facilitate
the future extension of municipal services to adjacent properties.
14. The subdivision shall be fed from at least two separate offsite connections to the existing municipal
water system.
The subdivision has connected to the municipal water system from Cottonwood Road and
Resort Drive.
15. The master planned 12-inch water main shall be installed along the entire north south frontage of
the subdivision. Routing it through the subdivision as shown is acceptable.
A 12 inch water main has been installed from the north to the south end of the property.
16. The water main in the Huffine right-of-way shall be extended to the western boundary of the
subdivision.
The water main has been extended to the western property line as required.
17. The sewer shall connect to the existing system on the extension of Yellowstone Avenue as shown in
the master plan. The Huffine crossing shall be made with the master planned 12-inch gravity main,
not the proposed force main.
The design report was in compliance with the condition of approval. The sewer main
extension across Huffine Lane from Yellowstone Avenue has been financially guaranteed.
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18. The sewage lift station should be located as far as practical from building sites to minimize odor or
noise complaints. The lift station shall be sized to collect the area that cannot gravity feed to the
connection on Yellowstone. The final service area for the lift station shall be reviewed and approved
by the City Engineer as part of the design report.
The lift station was relocated as suggested and the City Engineers Office approved the
Plans & Specifications on August 30, 2006.
19. The lift station shall include a SCADA system compatible with the City’s existing system. An
autodialer will not be acceptable. The lift station shall also include backup power capable of running
the entire station including both pumps. A wet well/dry well type station will not be acceptable. It
shall be a wet well configuration with submersible pumps.
The City Engineers Office accepted the redesign of the lift station on August 30, 2006.
20. The lift station shall be located outside of the Baxter Creek 100-year floodplain.
The lift station was relocated outside of the Baxter Creek 100 year floodplain..
21. Year round paved access must be provided to the lift station. The access, lift station, and force main
must either be on separate lots dedicated to the city, or contained within easements.
The paving has been financially guaranteed. The lift station and force main have been
located within open space areas with a utility easement.
22. The property owners dependent on the sewage lift station shall be responsible for financing the
costs of its operation and maintenance, which will be the responsibility of the City. The applicant
shall agree in writing to a surcharge to cover the costs of operating and maintaining the lift station.
The agreement shall be filed with the final plat and shall apply to all heirs, successors, and assigns.
The agreement shall be subject to approval by the City Engineer and the City Attorney.
The lift station agreement has been submitted with this plat. Once approved the agreement
will be recorded with the final plat.
23. Any air relief valves on the sewer force main shall be accessible by the City’s flusher truck. This may
require turnout(s) to be constructed at the location of the valves.
No air relief valves were required with the sewer design.
24. An access permit shall be obtained from MDT for the street connecting to Huffine Lane. Utility
occupancy permits shall be obtained from MDT for the water and sewer infrastructure within the
state right of way.
An access permit was issued for the approach onto Huffine Lane (Advance Drive) October
10, 2006 and utility occupancy permits were granted for the water and sewer infrastructure
on September 18, 2006.
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25. The 100-year floodplain shall be delineated for Baxter Creek along the entire length of the
subdivision. The floodplain shall be shown on the final plat. If the limits of the flooding encroach
onto any proposed lots, minimum floor elevations for any structures on the lots shall be specified.
The delineation must be based on post development conditions for the area within the drainage
basin.
The 100 year floodplain for Baxter Creek has been identified on the final plat. The only lot
impacted by the floodplain delineation is Lot 1, Block 1. Minimum floor elevations have
been identified for the lot.
26. The variance requested to discharge subdivisions stormwater from the detention ponds to irrigation
facilities is not supported by staff unless written permission is obtained from the ditch company.
The stormwater system was redesigned to avoid discharge of stormwater into the irrigation
facility.
27. All improvements necessary to provide adequate level of service at the analyzed intersections must
be installed or financially guaranteed prior to filing of the plat for each phase. No building permits
will be issued for a phase until all improvements required for the phase are installed and accepted.
Approval must be obtained from the Montana Department of Transportation of the TIS and for all
improvements along Huffine Lane.
The improvements required from the Traffic Impact Study have been financially
guaranteed. A Notice of Building Permit Restrictions will be filed with the final plat and no
building permits will be issued until the improvements have been installed, inspected and
accepted.
28. The drive access onto Cottonwood between Alpha Drive and Huffine Lane shall be eliminated
unless the information required by section 18.44.090.H of the Unified Development Ordinance to
grant a deviation is provided to and approved by the City Engineer.
The Engineers Office approved a access deviation for right in/right out access from Alpha
Drive on March 7, 2007.
29. Reciprocal access and parking easements shall be provided for Lots 1, 2, and 3 of Block 1.
Note #7 under General Notes on the plat grants shared parking and access easement for
Lots 1-3, Block 1.
30. City standard sidewalks shall be installed along all street frontages. The trails and the sidewalks may
be combined into one facility that is 10 feet wide and constructed of concrete. The combined walk
may vary from the standard location (i.e. meander), but at the furthest, shall be no more than 15 feet
from the right-of-way.
A city standard sidewalk is proposed along Cottonwood Road and a shared use path is
proposed along Huffine Lane. The shared use path is located within a 35 foot wide public
access easement that runs adjacent to the Huffine Lane right of way. The improvements
have not been installed but have been included in the estimate for the financial guarantee.
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31. Main extensions may be required into the larger multifamily lots rather than the multiple services
that are preliminarily proposed. Final review and approval will be completed with the infrastructure
design reports.
The design report was reviewed and approved by the City Engineers Office on June 28,
2006.
32. The proposed alignment for the municipal utilities along Huffine shall be submitted for review and
approval with the infrastructure design reports.
The Engineers Office reviewed and approved the infrastructure design report on June 28,
2006.
33. Public street intersection sight triangles including the medians shall be free of plantings which at
mature growth will obscure vision within the sight triangle. Maintenance of the medians shall be the
responsibility of the homeowners association.
The landscape plan submitted with the Master Park Plan appears to meet the street vision
triangle requirements outlined in the UDO. There are street trees proposed along Huffine
Lane and Cottonwood Road which fall with in the vision triangle. This is acceptable as long
as 8 feet of clearance is provided under the tree branches is provided.
34. All sanitary and storm manholes shall be located outside the limits of the proposed roundabouts and
medians. No trees shall be planted within 10 feet of any of the proposed municipal utilities.
The manholes have been located outside of the roundabouts and medians. No trees are
planned within 10 feet of the municipal utilities
35. A schematic signage plan for the subdivision, noting any proposed traffic calming measures shall be
included in the infrastructure design report.
The schematic signage plan was included in the June 26, 2006 Revised Design Report.
36. The Alpha Drive pedestrian/bicycle crossing must be revised and is subject to review and approval
by the Planning Department.
The Alpha Drive crossing was redesigned so that the sidewalk and the trail were combined
at one crossing point.
37. Credit for excess parkland or affordable housing may only be applicable for a directly adjacent
subdivision (not a subdivision across Huffine Lane or Cottonwood Road).
The subdivider agrees and understands the requirement.
38. The Wetlands Review Board (WRB) shall review Preliminary Plat Application #P-06014. If the
WRB recommends any substantive changes (as determined by the Planning Department) to the
subdivision layout, the City Commission shall re-review the Preliminary Plat Application.
The Wetlands Review Board did not require any changes to the subdivision layout.
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JM/jm
Attachments: Four (4) Mylar Final Plats and One (1) Blackline Copy
Draft Improvements Agreement with Estimate
Original Platting Certificate
Draft Notice of Building Permit Restrictions
Covenants
Copy of the applicant’s submittal
cc: Covenant Investments Inc., P.O. Box 11428, Bozeman, MT 59719
TD&H, 215 W Mendenhall St, Ste C-1, Bozeman, MT 59715
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