HomeMy WebLinkAboutE-Packet 05-29-07_Approve the Saccoccia Minor Subdivision Final Plat_7
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Tim Cooper, Staff Attorney
SUBJECT: Saccoccia Minor Subdivision Final Plat (#P-07013)
MEETING DATE: May 29, 2007
RECOMMENDATION: Upon the Director of Public Service’s review and concurrence, the City
Commission approves the Final Plat of Saccoccia 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 a Subdivision Final Plat to subdivide ~ 23 acres
into 5 lots for commercial development and one common open space lot. Saccoccia Minor Subdivision
is generally located east of Lowe’s Home Improvement Warehouse, between Tschache Lane and Baxter
Lane. At its January 8, 2007, public hearing, the Bozeman City Commission voted to conditionally
approve the Saccoccia Minor Subdivision Preliminary Plat. The applicant submitted a complete final
plat on April 26, 2007, 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
CONTACT: Please email Tim Cooper at tcooper@bozeman.net if you have any questions prior to the
public hearing.
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MEMORANDUM
To: Tim Cooper, Staff Attorney
From: Lanette Windemaker, AICP; Contract Planner
Date: May 14, 2007
RE: Saccoccia Minor Subdivision (#P-07013)
This is the final plat submittal for the Saccoccia Minor Subdivision. Attached you will find the
Original Platting Certificate , four (4) signed mylars, and one paper copy. Also attached you will
find the original Public Street Easement document that also requires processing and approval.
Bob Murray has reviewed the plat and Andy Kerr checked the plat for closure. Please review for
completion, and advise me of your findings.
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.
Saccoccia Minor Subdivision is generally located east of Lowe’s Home Improvement
Warehouse, between Tschache Lane and Baxter Lane. The Saccoccia Minor Subdivision was
approved by the City Commission on January 8, 2007, subject to the following conditions.
Conditions:
1. 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. Complied with.
2. Since the open space is intended for the use and enjoyment by all property owners within
the Saccoccia PUD, the final plat shall show open space areas as a separate common open
space tract OR the final plat shall label open space areas as “common open space.”
Future site plans shall also label open space areas as “common open space.” Complied
with.
3. With the final plat, the applicant shall provide a table indicating how much open space
will be provided on each proposed lot. The open space allocations can then be rearranged
within each lot, but not between the lots. Should a common lot line be relocated, the
open space requirement for each lot may be reallocated proportionally. Complied with.
4. A 10-foot wide concrete shared use path shall be constructed along Tschache Lane, or
financially guaranteed, prior to final plat approval. If the trail will be located on private
property, a 25-foot wide public trail easement shall be provided. The applicant shall meet
with the Subdivision Review Committee of the Recreation and Parks Advisory Board and
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the City Parks Department to determine the appropriate construction specifications and
location for said shared use path segment. Subject to executed Improvements Agreement
and Financial Guarantee.
5. A 25-foot wide public trail easement shall be provided for the existing trail within the
greenway open space along Walton’s stream/ditch. Complied with.
6. Joint, reciprocal stormwater conveyance and drainage easements shall be provided for all
lots. Complied with.
7. Joint, reciprocal easements shall be shown on the final plat for accesses, drive aisles,
snow storage and parking where applicable. Complied with.
8. Unless the applicant can show that usable water rights or an appropriate fee in lieu
thereof was provided when the subject property was annexed, water rights or an
appropriate fee in lieu shall be provided with final plat approval, final site plan approval
or the issuance of any building permits, whichever occurs first. Complied with.
9. The following note shall be included on the final plat: “Due to high ground water
conditions full or partial basements are not recommended. Depth of crawl space
foundations must be minimized to the extent possible to limit water-related problems.
Buildings proposed for basements shall include Engineer Certification regarding depth of
ground water and soil conditions and proposed mitigation methods to be submitted with
each Building Permit.” Complied with.
10. Should historical, cultural and/or archeological materials be inadvertently discovered
during construction of this project, the State Historical Preservation Office (SHPO) and
the Bozeman Historic Preservation Office shall be contacted immediately and
construction activities shall cease. Complied with.
11. The proposed shared drive access onto Baxter Lane shall not be allowed unless the
information required by section 18.44.090.H of the UDO to grant a deviation is provided
to and approved by the City Engineer. Complied with.
12. Pursuant to Section 18.44.090.B.2 of the UDO, a public street easement shall be provided
for Sacco Drive (currently a private drive) to provide legal and physical access to lot 4. If
the easement cannot be provided, Lot 4 shall be eliminated. Complied with.
13. This property is within the Hampton Inn sewer and Baxter/19th signal payback districts.
The required paybacks shall be made with the final plat. Complied with.
14. Tschache Lane shall be constructed from its current terminus to the eastern property line
of the subdivision with an approved temporary turnaround installed at the end. Subject to
executed Improvements Agreement and Financial Guarantee.
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15. A sewer main shall be extended as part of the required subdivision infrastructure to
provide service to lots 4 and 5. A 30 feet wide easement shall be granted for the sewer
main extension, and all weather access shall be provided to all manholes. Subject to
executed Improvements Agreement and Financial Guarantee.
16. All improvements necessary to provide adequate level of service for all movements at the
analyzed intersections must be installed or financially guaranteed prior to filing of the
plat. No building permits will be issued until all required improvements are installed and
accepted unless approved for concurrent construction under 18.74.030.D. Approval must
be obtained from the Montana Department of Transportation of the TIS and for all
improvements along North 19th Avenue. Subject to executed Improvements Agreement
and Financial Guarantee. A Notice of Building Permit Restriction has been prepared
for execution to be recorded with the Final Plat.
Code Provision:
1. The block length and width standards provided in Section 18.42.040.B and C are not
being satisfied. These sections of the UDO shall be addressed up further development of
the lots in this proposed subdivision. Will be addressed with further development.
2. The final plat shall include utility easements in compliance with Section 18.42.060.B.
Complied with.
3. Pursuant to Section 18.42.060.D, the final plat shall include agricultural water user
facility easements for Walton’s Stream/Ditch. Complied with.
4. Pursuant to Section 18.42.100.B.7, a watercourse setback planting plan shall be prepared
and provided to the Planning Department prior to final plat approval. The watercourse
setback plantings shall be installed or financially guaranteed prior to final plat approval.
Complied with.
5. Pursuant to Section 18.42.120, an off-street location for mail delivery will need to be
provided. Will be addressed with further development.
6. Pursuant to Section 18.42.150, subdivision lighting shall be provided as required,
including lighting at the intersection of Sacco Drive and Tschache Lane, at the
intersection of Sacco Drive and Baxter Lane, and at the intersection of Simmental Way
and Baxter Lane. Further, at least two additional lights are required between the
intersections of Simmental Way and Baxter Land, and Sacco Drive and Baxter Lane, to
comply with the 275 to 300 foot spacing requirement for Collectors. Street light
mounting height shall be 35 feet. Finally, trail crossing lighting must installed in
locations where trails intersection public or private streets. A revised lighting plan must
be submitted with street improvement plans and specifications. Subdivision lighting
must either be installed or financially guaranteed, and the City Commission must
acknowledge receipt of a petition to create an SILD for the subdivision, prior to final plat
approval. Since the SILD is only for maintenance and operation, it is not necessary for
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the Commission to acknowledge receipt of a petition to create the SILD prior to final
plat approval.
7. Pursuant to Section 18.44.110.F, trails within and adjacent to the proposed development,
as well as off-street pathways (i.e., sidewalks and boulevard trails) along external
development streets, shall be maintained (including snow removal) in accordance with an
approved maintenance plan by the developer until 50 percent of the lots within the
development area sold. Thereafter the property owners association shall be responsible
for maintenance. The property owners association may establish an improvement district
to collect assessments to pay for the maintenance. Complied with.
8. Pursuant to Section 18.48.070.A.2, the developer shall be responsible at the time of initial
development for installing vegetative ground cover, boulevard trees and an irrigation
system in the public right-of-way boulevard strips along all external perimeter
development streets and adjacent to public parks or other open space areas. Municipal
water shall be used for irrigation if a well permit cannot be obtained for irrigation.
Subject to executed Improvements Agreement and Financial Guarantee.
9. Pursuant to Section 18.48.070.B, a developer shall be responsible for irrigating and
maintaining landscaping along external streets and landscaping adjacent to parks or other
opens space areas until 50 percent of the lots are sold. Thereafter, the property owners
association shall be responsible for maintaining and irrigating these landscaped areas.
The property owners association may with the City’s approval establish an improvement
district to collect assessments to pay for the irrigation and maintenance. Complied with.
10. Pursuant to Section 18.50.090, 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, if not already done with the
annexation. Executed for recordation with the Final Plat.
11. Section 18.78.060.M requires that the preliminary plat application be accompanied by a
written statement from all relevant utility companies indicating that service can be
provided. Nothing was provided from Qwest, and we’ll need that letter with the final plat
application. Complied with.
12. In accordance with Section 18.78.070, a Memorandum of Understanding shall be entered
into with the Weed Control District prior to submitting the final plat. A copy of the
MOU shall be submitted with the final plat application. Complied with.
13. A final copy of the covenants, restrictions, and articles of incorporation shall be
submitted with the final plat application for review and approval by the Planning
Department 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 trails and pathways, snow removal, and other areas
common to the association pursuant to Chapter 18.72 of the Bozeman Unified
Development Ordinance. Complied with.
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14. Stormwater Master Plan: Complied with.
A Stormwater Master Plan for 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 basin location, show location
of 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 site, drainage ways and finished lot
grades), typical stormwater detention/retention basin and discharge structure details,
basin sizing calculations and a stormwater maintenance plan.
Any stormwater ponds located within a park or open space shall be designed and
constructed to be conducive to the normal use and maintenance of the open space.
Stormwater ponds for runoff generated by the subdivision (e.g., general lot runoff, public
or private streets, common open space, parks, etc.) shall not be located on easements
within privately owned lots. Complied with.
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.
15. Plans and specifications and a detailed design report for water and sewer main
extensions, storm sewer and the public street, prepared by a Professional Engineer, shall
be provided to and approved by the City Engineer and the Montana Department of
Environmental Quality. The Applicant shall also provide Professional Engineering
services for construction inspection, post-construction certification, and preparation of
mylar record drawings. Complied with.
Construction shall not be initiated on the public infrastructure improvements until the
plans and specifications have been approved and a pre-construction conference has been
conducted. Complied with.
No building permits shall be issued prior to substantial completion and City acceptance
of the required infrastructure improvements unless all of the requirements of section
18.74.030.D are met to allow for concurrent construction. A Notice of Building Permit
Restriction has been prepared for execution to be recorded with the Final Plat.
16. All infrastructure improvements including 1) water and sewer main extensions, and 2)
public streets, curb/gutter, sidewalks fronting parks, open space, rear yard frontages or
other non-lot frontages, and related storm drainage infrastructure improvements shall be
financially guaranteed or constructed prior to Final Plat approval. Subject to executed
Improvements Agreement and Financial Guarantee.
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City standard residential sidewalks shall be constructed on all public street frontages of a
property prior to occupancy of any structure on the property. Upon the third anniversary
of the plat recordation of any phase of the subdivision, any lot owner who has not
constructed said sidewalk shall, without further notice, construct within 30 days said
sidewalk for their lot(s), regardless of whether other improvements have been made upon
the lot. This condition shall be included on the final plat for the subdivision.
17. The location of existing water and sewer mains shall be properly depicted. Proposed
main extensions shall be noted as proposed. Complied with.
18. The Montana 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 FSP approval. Complied with.
19. Easements 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 easement. Complied with.
20. 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.
Complied with.
21. 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
Unified Development Ordinance. 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.
22. All construction activities shall comply with section 18.74.020.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. Complied with.
23. The final plat shall conform to all requirements of the Bozeman Unified Development
Ordinance 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 correct 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.
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24. 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. Prior to that expiration date, the developer
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 developer, 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 developer, provided for in §18.74.060,
BMC. The Commission granted conditional approval on January 2, 2007. The final
plat application was submitted within one calendar year of preliminary plat approval.
25. Pursuant to Section 18.74.030.B, if it is the developer’s intent to file the final 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 developer shall supply the City of Bozeman with an
acceptable method of security equal to 150 percent of the cost of the remaining
improvements. Letters of credit and the required fee have been submitted. In addition,
there is an Assignment of Improvements Agreement. The Improvements Agreement
will be revised to reflect the letters of credit.
26. Pursuant to Section 18.06.060, 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, and specifically (tab, page,
paragraph, etc.) where this information can be found. Complied with.
Attachments: Four (4) signed Mylars of Final Plat
Original Platting Certificate
Full Final Plat Submittal
One paper Copy of Final Plat
Public Street Easement
cc: Debbie Arkell, Director of Public Service with copy of plat.
Deanna Shannon, SID Accounting Clerk with a copy of plat.
Saccoccia Lands II, LLC, 1234 Springhill School Road, Belgrade, MT 59714
Morrison-Maierle, Inc., 3011 Palmer Street, Missoula, MT 59808
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