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HomeMy WebLinkAbout09-04-07_Authorize the Director of Public Service to e2_6 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Tim Cooper, Staff Attorney SUBJECT: Cattail Lake Major Subdivision Phases 1&2 Final Plat MEETING DATE: September 4, 2007 RECOMMENDATION: Upon the Director of Public Service’s review and concurrence, the City Commission approves the Final Plat of Cattail Lake Major 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 ~ 42 acres into 24 lots and one undevelopable lot. The property is generally located northeast of the intersection of Davis Lane and Catamount Street. At its July 17, 2006, public hearing, the Bozeman City Commission voted to conditionally approve the Cattail Lake Major Subdivision Preliminary Plat to subdivide ~ 42 acres into 38 single-household and 4 multi-household lots. The applicant applied for final plat approval on March 15, 2007, but asked that the final plat be held until this point in time, 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. 56 MEMORANDUM To: Tim Cooper, Staff Attorney From: Lanette Windemaker, AICP; Contract Planner Date: August 20, 2007 RE: Cattail Lake Major Subdivision Final Plat (#P-07017) Attached please find the final plat submittal for the Cattail Lake Major Subdivision. Attached you will find the Original Platting Certificate, four (4) signed mylars, one paper copy and the full final plat submittal information. Bob Murray has reviewed the plat and Andy Kerr checked the plat for closure. There is an easement which I have forward to the Clerk of Commission for processing at the same time as the final plat. 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. The Cattail Lake Subdivision is generally located northeast of the intersection of Davis Lane and Catamount Street. The Cattail Lake Subdivision was approved by the Commission on July 17, 2006, subject to the following conditions. Conditions: 1. An emergency access/temporary turnaround shall be provided for the alley in phase 2 before building permits can be issued for Lots 1-11, Block 6. Complied with. 2. Directory maps shall be installed at each entrance to the multi-family parking lots prior to occupancy of any multi-family buildings. To be complied with during site plan review. 3. The adequacies of the number and location of fire hydrants serving the multi-family lots shall be subject to review and additional requirements at the time of site plan review. To be complied with during site plan review. 4. If the Rae Fire Easement is not vacated, it shall not be counted toward park dedication requirements. Complied with. 5. The applicant shall be responsible for testing the water quality of the lake a minimum of two times a year until maintenance responsibility is turned over to the property owners association at which time the property owners association shall assume responsibility for testing the water quality of the lake a minimum of two times a year. The testing procedures shall be described in the covenants and Park Plan, and shall be provided to the Park and Recreation Superintendent for review and approval prior to submittal of the final park plan. Complied with. Addressed in Final Park Plan and covenants. 57 6. Due to the close proximity of the trail system to the sidewalks along both Trout Meadows Road and Lakeside Drive, the applicant shall instead construct a 10-foot concrete sidewalk along those two streets which may meander between the park area and the road rights-of- way. Complied with. The Final Park Plan was approved by the City Commission on November 20, 2006. 7. The applicant shall construct that portion of the lake loop trail system shown on the adjoining property to the north. Public access easement documents shall be provided which permit the construction, use and maintenance of the trail on the adjoining property. The city will support a payback arrangement on this portion of the trail system, providing development of the property to the north occurs within 10 years. Applicant has been unable to obtain an easement for the right to construct this portion of the trail. This will be addressed with later phases of the subdivision. 8. The applicant shall construct an all-weather emergency access to the lake that includes a parking area of sufficient size to accommodate several emergency vehicles. This access shall be constructed prior to occupancy of any buildings. The size and design of the access shall be provided to the Fire Department for review and approval prior to submittal of final park plan. Complied with. The Final Park Plan was approved by the City Commission on November 20, 2006. 9. The applicant shall construct an emergency rescue building in close proximity to the all- weather emergency access to the lake. This building shall be constructed prior to occupancy of any buildings. The design of the building shall be provided to the Fire Department for review and approval prior to submittal of final park plan. Deleted by City Commission. 10. The following recommendations, conditions, changes or additions shall be made to the Park Plan prior to submittal for review and approval by the City Commission, with a recommendation from the Bozeman Recreation and Parks Advisory Board. Complied with. The Final Park Plan was approved by the City Commission on November 20, 2006. a. The applicant shall show a boat launch area and related improvements, suitable for all types of non-motorized watercraft, on the final park plan. If acceptable to the Fire Department, this launch area can be design for hand launch only. b. An emergency rescue building shall be shown in close proximity to the boat launch area, and the location and size of the building shall be provided to the Fire Department for review and approval prior to submittal of final park plan. Deleted by City Commission. c. A parking lot serving the emergency rescue building and boat launch area shall be shown on the final park plan. d. The trail system shall connect to the sidewalk on Davis Lane in the northwestern area of the park. e. The Cattail Lake Subdivision Declaration of Covenants and Restrictions (the Declaration) shall be provided to the Park and Recreation Superintendent for review and approval prior to submittal of final park plan. 2 58 11. The following changes or additions shall be made to the Cattail Lake Subdivision Declaration of Covenants and Restrictions (the Declaration): Complied with. a. Article III, Section 2, J. Site Design shall state that the setback for a garage with stacked parking off of an alley shall be a minimum of 26 feet. b. Article III, Section 2, K. Landscaping/Yards shall state that trees shall not be located within 10 feet of sewer and water services. c. Article III, Section 2, K. Landscaping/Yards shall state that fences located in the front yard, or the side or rear yard setback of properties adjacent to any park, shall not exceed a maximum height of 4 feet. d. Article VI, Section 3, needs to discuss the responsibility for maintenance of the park until a city-wide park maintenance district is formed, and the responsibility to test the waters regularly. e. Article VI, Section 13 i, needs to clarify that the Board does not have the authority to grant easements over dedicated park land. f. Article VIII, Section 7 should clarify that the parks are not being transferred to the Association. g. Article VI, Section 14, pertaining to use of park needs to discuss COB approval of use of park. h. Article VIII, Section 2, the covenants can not be changed or terminated without COB approval. i. The Declaration shall include language to assure completion of parkland facilities and pathways/trails and allowing the City of Bozeman, if necessary, to become a party to assessments for such completion and maintenance pursuant to Sections 18.72.020.C and 18.72.040.B of the Bozeman Municipal Code. j. The Declaration shall address the prohibition of motorized recreation on the lake. 12. Water rights, or cash-in-lieu thereof, as calculated by the Director of Public Service, is due with the final plat. Water rights in the amount of $22,995.66 and $2,879.40 have been paid. 13. 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 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. 14. 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. Not applicable. Homeowners association will be responsible for operation and maintenance of street lighting. 15. 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. 3 59 16. 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. To be submitted to the Building Division. 17. The final plat shall comply with the standards identified and referenced in the Bozeman Municipal Code. 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. 18. 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. 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. 19. 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. 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. These have been submitted for review. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements. 4 60 20. 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. 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. The street lights, sidewalks, etc are subject to the Improvements Agreements and Financial Guarantee. 21. The location of existing water and sewer mains shall be properly depicted. Proposed main extensions shall be noted as proposed. Complied with. 22. 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. 23. Ditch relocation: a. The Montana Fish, Wildlife and Parks shall be contacted by the Applicant regarding the proposed relocation and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to FSP approval. Complied with. b. The Applicant shall comply with all parts of section 18.42.060.D for any ditch relocation. Complied with. 24. 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. 25. Project phasing shall be clearly defined including installation of infrastructure. Complied with. 26. 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. 27. 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 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. 5 61 28. 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. 29. The eastern half of Davis Lane 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. All improvements to Davis Lane shall be completed with phase I of the development. Complied with. 30. A level of service evaluation must be provided for the intersection of North 27th Avenue and Valley Center Road. Any improvements needed to provide adequate level of service for the intersection shall be installed with the project. Complied with. 31. A 1’ No Access Strip shall be shown on the plat along the entire lot frontage of Davis Lane and Catamount Street. Complied with. 32. The sewage lift station should be located as far as practical from building sites to minimize odor or noise complaints. Complied with. 33. The lift station shall include a SCADA system compatible with the City’s existing system. 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. Complied with. 34. Year round paved access must be provided to the lift station. This shall be separate from the parking lot for the residential units. The access, lift station, and force main must either be on separate lots dedicated to the city, or contained within easements. Complied with. The lift station site plan was reviewed and granted conditional approval by City staff on November 15, 2006, subject to the following conditions. 1. The applicant shall install landscaping and permanent irrigation that includes: foundation plantings on the street side of the building; foundation plantings on the east side of the building; and the 6 ornamental trees as shown on the park plan on the north side of the building. 2. The applicant shall establish a public utility easement per §18.42.060 of the Bozeman Municipal Code. Complied with. The easement has been submitted under a separate document. 3. The applicant shall obtain a building permit within one year of this approval, or said approval shall become null and void. Please call the Building Department at 406-582- 2375 for more information on the building permit process. 4. The proposed project shall be completed as approved and conditioned in this application. Any modifications to the submitted and approved application materials shall invalidate the project's legitimacy, unless the applicant submits the proposed modifications for 6 62 review and approval by the Department of Planning prior to undertaking said modifications, as required by the Bozeman Municipal Code. 35. 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 executed lift station agreement has been submitted. 36. If there are any air relief valves on the force main, they shall be accessible by the City’s flusher truck. Complied with. 37. The 100-year floodplain shall be delineated for Cattail Creek between Catamount and Trout Meadows. 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. Complied with. 38. A schematic signage plan for the subdivision, noting any proposed traffic calming measures shall be included in the infrastructure design report. Complied with. 39. If an easement can be obtained for Warbler Way, the entire street section exclusive of the sidewalk on the adjoining property shall be constructed. If the easement cannot be obtained, curb, gutter, standard boulevard, and sidewalk on the west side, along with a minimum pavement width of 24’ shall be installed. Not addressed with this phase. 40. Where water and/or sewer mains are installed in alleys, they shall be in an easement which is a minimum of 30’ wide. No other utilities will be allowed within the easements for City infrastructure. Complied with. 41. A 12” water main shall be installed to the northern boundary of the subdivision in Davis Lane as called for in the City’s Water Facilities Plan. Complied with. 42. City standard sidewalks shall be installed along all street frontages. The trails and the sidewalks may be combined into one facility that is 10’ 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’ from the right of way. Code Provision: a. Section 18.42.180.C requires 10% of the net buildable acreage to be dedicated to Restricted Size Lots. The Final Plat shall indicate which lots are reserved to meet the RSL requirement. Complied with. b. Pursuant to 18.44.110 and 18.50.110, the applicant shall install the transportation/recreation pathway (trail) system in this subdivision. Subject to Improvements Agreement and Financial Guarantee. 7 63 c. Pursuant to Section 18.50.020 of the Bozeman Municipal Code, the applicant shall provide 1.14 acres of dedicated parkland for the proposed 38 SFR lots and 4.74 for the 13.1 acres of MF lots at 12 dwellings per acre (158 dwellings), for a total of 5.88 acres. Complied with. d. 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. Complied with. The Final Park Plan was approved by the City Commission on November 20, 2006. ¾ The Final Park Plan shall include a site plan/landscaping plan with a scale of not less than 1 inch equals 100 feet. This site plan/landscaping plan shall meet all of the requirements of Section 18.78.100 and include a proposed improvements to the park. ¾ The Final Park Plan shall include a requirement for a pre-construction meeting. ¾ The Final Park Plan shall include the appropriate sections from the “Design Guidelines for City of Bozeman Parks”, including soil amendment, pathway/trail design, fencing and bridge design. ¾ Per Section 18.50.080 the subdivider must decide on the improvements to be completed by the subdivider prior Final Park Plan approval. ¾ The final park plan shall address the installation of improvements. A chart must be included identifying all parkland improvements, showing the general location, the entity responsible for installation, the estimated cost, and the phasing. Improvements include, but are not limited to: transportation/recreational pathway/trails, bridges, playground equipment, benches, picnic shelters, parking lot, and other items noted in these comments. ¾ The playground area described in the park plan needs to be shown on the site plan/landscaping plan. e. A table showing the computed park areas shall be included on the final plat pursuant to Section 18.78.030.D. This table shall include but is not limited to detention/retention areas, watercourse, wetlands, watercourse setbacks, park, and total area. Complied with. f. Section 18.50.080.D states that storm water retention or detention facilities may be located within a park but cannot count towards the final parkland dedication. Complied with. g. The watercourse setback shall be depicted on the final plat pursuant to Section 18.42.100.C. Complied with. h. A watercourse setback planting plan shall be prepared by a qualified landscape professional and shall be reviewed and approved by the Planning Department prior to the commencement of development or site preparation. The plan shall include a schedule for planting and landscaping as outlined for Zone 1 and Zone 2 outlined in Section 18.42.100. Since the watercourse setback is located inside the park boundaries, this shall be included in the Park 8 64 Plan. Complied with. The Final Park Plan was approved by the City Commission on November 20, 2006. i. Section 18.44.110.E requires construction of boulevard trails or bike lanes based on the Greater Bozeman Area Transportation Plan Year 2001 or based on particular characteristics of a transportation corridor. The Plan currently calls for a bike lane (unless another type of transportation pathway is determined to be more appropriate) along Catamount Street and a bike lane/boulevard trail along Davis Lane. Complied with. j. Section 18.16.050 requires the yard setbacks adjacent to Davis Lane and Catamount Street to be 25-feet, and this shall be noted in the covenants and restrictions for the homeowners’ association. Complied with. k. Pursuant to Section 18.44.090.C, a one (1) foot wide “No Access” strip for all lots fronting onto Davis Lane and Catamount Street shall be noted on the final subdivision plat. Complied with. l. Pursuant to Section 18.42.150, subdivision lighting consisting of street lighting and pathway intersection lighting shall be provided. Complied with. Subject to Improvements Agreement and Financial Guarantee. m. 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. Recorded with the Annexation Agreement. n. 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. Executed covenants will be recorded with the final plat. o. 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. Executed covenants will be recorded with the final plat. p. The Final Plat shall conform to all requirements 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 9 65 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. q. 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 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 preliminary approval on July 17, 2006. This submittal for final plat approval for phases 1 and 2 of a multi-phase major subdivision was submitted within the 3 year approval period. r. If it is the developer’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 developer shall supply the City of Bozeman with an acceptable method of security equal to 150% of the cost of the remaining improvements. Complied with. The financial guarantee will be provided before recordation. s. 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. Deanna Shannon, SID Accounting Clerk with a copy of plat. Crestview Lake LLC (R. Scott Hacker), 4200 Expressway, Missoula, MT 59808 T.D.&H, Inc., 215 West Mendenhall, Ste C-1, Bozeman, MT 59715 Ken Smith, 101 E. Broadway, Ste 406, Missoula, MT 59802 10 66 67