Loading...
HomeMy WebLinkAbout09-04-07_Authorize the Director of Public Service to execut_5 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Tim Cooper, Staff Attorney SUBJECT: Legends at Bridger Creek II PUD Subdivision Phase I 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 Legends at Bridger Creek II PUD Subdivision Phase I, 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 47 lots. The property is generally located approximately 1,300 feet east and approximately 300 feet north of the intersection of MT Highway 86 (aka Bridger Drive/Bridger Canyon Road) and Story Mill. At its April 17, 2006, public hearing, the Bozeman City Commission voted to conditionally approve the Legends at Bridger Creek II PUD Subdivision Preliminary Plat to subdivide ~ 57 acres into 127 lots for single household residential use, roads, alleys, park and open space areas. The applicant applied for final plat approval of Phase I on August 15, 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. 44 MEMORANDUM To: Tim Cooper, Staff Attorney From: Lanette Windemaker, AICP; Contract Planner Date: August 20, 2007 RE: Legends at Bridger Creek II PUD Subdivision Phase I Final Plat (#P-07034) Attached please find the final plat submittal for the Legends at Bridger Creek II PUD Subdivision Phase I. 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. 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 preliminary plat was conditionally approved on April 17, 2006, and the Findings of Fact were signed on August 7, 2006. The complete final plat was submitted on August 15, 2007. In accordance with 18.06.060, the final plat must be approved by the City Commission within 45 working days or no later than October 17, 2007. Legends at Bridger Creek II PUD Subdivision is generally located ~ 1,300 feet east and ~ 300 feet north of the intersection of MT Highway 86 (aka Bridger Drive/Bridger Canyon Road) and Story Mill. The Legends at Bridger Creek II PUD Subdivision was approved subject to the following conditions and code provisions. Plat Conditions: 1. The 25-foot trail easement located along the western side of the property shall be not located within private lots. Complied with. 2. Per Section 18.42.040.D, a pedestrian walk shall be located within the 25-foot trail easement located along the western side of the property. Complied with. 3. Per Section 18.44.090, Lot 1 needs to be provided with legal and physical access on Boylan Road with a minimum of 25 feet of frontage. Lot 1 shall be of an adequate size to accommodate the building, all required setbacks, parking and access. Complied with. 4. Boylan Road shall be relocated to the north side of the lots adjacent to the open space corridor and shall be located so that it does not restrict the trail corridor. It is acceptable for additional lots (located on the south side of Boylan Road) to be created through the relocation of Boylan Road. No lots shall be allowed to the north of Boylan Road with the exception of the five easternmost lots, adjacent to Creekwood Subdivision. The five lots remaining to the north of the road shall be reduced in size so as not encroach into the trail corridor. Complied with. 45 5. Subdivision lighting SILD information shall be submitted to the Clerk of Commission directly after Preliminary Plat approval in hard copy and digital form. The final plat will not be deemed complete until the resolution to create the SILD has been approved by the City Commission. Resolution 3946 Creation of SILD #689 was approved by the Commission on August 28, 2006. 6. Water rights, or cash-in-lieu thereof, as calculated by the Director of Public Service, is due with the final plat. Complied with. 7. Sidewalks along park land shall be constructed to a six foot width to accommodate snow removal equipment. Complied with. 8. 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. 9. Lots fronting on a greenway corridor may have a minimum rear yard of 15 feet subject to the following statement being placed in the covenants “Per Section 18.16.050.A.4, all vehicle entrances into garages shall be no closer than 20 feet to the property line/public access easement line, unless explicitly authorized by the Bozeman Municipal Code”. Complied with. 10. On the north side of Boylan Road, the construction of Northview Street and other public improvements need not be extended to the property line subject to the following requirements; either: Complied with. • 1) An executed acknowledgement placed on the property to the north stating that the current owners, their heirs, successors and assigns shall be responsible for the construction of the proposed Northview Street and all other public improvements within said right-of-way from Boylan Road to the northern boundary line of this subdivision. The acknowledgement shall be recorded with the Gallatin County Clerk and Recorder prior to the time of final plat recordation. A copy of the executed and recorded documents shall be submitted with the final plat; or • 2) 100% of the cost of construction of the improvements shall be placed in an escrow account to be used for completion of these improvements in the future prior to final plat approval. A copy of the executed documents shall be submitted with the final plat. 11. Atsina, Blackfeet, Cree, Medicine Wheel and Richau Lanes may be constructed as private streets within a 31-foot right of way subject to the following conditions and code provisions: • Per Section 18.44.020.A, all streets within the proposed development shall be dedicated to the public. Complied with. • Per Section 18.44.020.A.2.b., A permanent funding source, such as the levying of assessments against all properties within the development, for street maintenance is established and the funding levels will be adequate for all future private street maintenance. Complied with. 2 46 • Per Section 18.44.020.A.2.b., Executed waivers of right to protest creation of special improvement districts (SIDs), or other perpetual legal instrument, acknowledging that the City will not assume dedication and/or maintenance of the streets unless the street is brought up to City standards, or the property owners have agreed to an assessment to fund improvements required to bring the street up to City standards. The waiver, or other legal instrument, shall be recorded with the Gallatin County Clerk and Recorder at the time of final plat recordation. A copy of the executed documents shall be submitted with the final plat. • Per Section 18.44.020.A.2.c, Documented proof of adequate maintenance funding and scheduling, for all private streets, shall be provided, subject to Section 18.72.040. Complied with. • The right of way shall be increased to a minimum of 33’ or public street and utility easements granted for the additional 2’ for the purpose of future maintenance of the curb. Complied with. 12. Sidewalks need not be constructed on Atsina, Blackfeet, Cree, Medicine Wheel and Richau Lanes subject to the following statement being placed in the covenants “All lots fronting on open space areas shall have a sidewalk connection from the front door to the pedestrian walkway in the open space area”. Complied with. 13. Per the “Preliminary Plat Storm Water Plan for the Legends at Bridger Creek II” by Morrison Maierle, Inc.; • The minimum first floor elevations shall be designated on the final plat. The minimum first floor elevation (including basement) shall be 2 feet or more above the base flood elevation. Complied with. • The Final Plat shall include a notation that although no lots are in the 100-year floodplain, it is recommended that lot owners consider obtaining flood insurance due to proximity, and that it is recommended that lot owners consider construction of structures on suitable fill at an elevation no lower than the base flood elevation and extended for at least 15 feet, at that elevation, beyond the structure(s) in all directions. Complied with. 14. 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. 15. Applicant shall provide a soils report, along with building plans, to the Building Division, recommending types of foundations. If development shall occur in phases, the soils report may address those lots within the proposed phase. Complied with. 16. The following items shall be addressed in the Final Park Plan: Complied with. • The east to west trail along Bridger Creek should be a 6 foot wide natural fines trail and the plan should clearly show a connection to the undeveloped property at the east edge. This trail should be constructed a sufficient distance from Bridger Creek so as not to be affected as the creek bed moves. 3 47 • An unobstructed 10 foot wide meandering corridor should be maintained east to west through the open space area to provide for a groomed ski trail during winter. • The park land dedication requirement should be recalculated to not include the proposed clubhouse and associated road and parking area. The area providing access to the restrooms at the north end of the clubhouse should be counted as park land dedication since the restrooms are intended to be open to the public. • Uniform fencing or adequate landscaping should be required along the backyard property lines of all lots backing up to park or open space to avoid encroachment by owners and to reduce the possible conflicts between owners and trail users and pets. This is especially important with those lots along the North of the property that border the trail area. • Northview Street should not be extended north of Boylan until the adjacent property to the north is developed and Northview continues into it. Until that time the east to west trail should continue straight across and not divert to the sidewalk. • No concrete spectator area should be placed on the south side of the soccer field to allow for more usable turf area. • All park amenities, including park furniture and trees should be sited on the plan for Park Division approval. • Any construction or work within the dedicated park land and open space shall require preconstruction meetings and approval of the Parks Division. 17. The owner shall executed and submit the following documents prior to final plan approval: Complied with. • A certification of completion and compliance stating that they understand any conditions of approval and the submitted final site plans or master site plan have complied with any conditions of approval or corrections to comply with code provisions per Section 18.34.130.B. • A statement of intent to construct according to the final site plan. Such statement shall acknowledge that construction not in compliance with the approved final site plan may result in delays of occupancy or costs to correct noncompliance per Section 18.34.130.C. • A certification that it is their intent to comply with the requirements of the Bozeman Municipal Code and any conditions considered necessary by the approval body. 18. 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. 19. Instead of dedicating a minimum of 10% of the buildable net acreage to Restricted Size Lots (RSLs), the subdivider may pay a cash-in-lieu fee to the City the equivalent of 1 buildable RSL to 3 required RSLs. The payment shall be calculated as the appraised value per square foot of developed land within that specific subdivision at a time not sooner than 30 days prior to the time of final plat approval. Complied with. 4 48 20. The covenant allowing aggregation of lots shall be removed, and the covenants shall specifically state that no lots may be aggregated so as to reduce the number of buildable lots. Complied with. 21. 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. 22. 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. Complied with. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements. A Notice of Building Permit Restriction will be recorded with the Final Plat. 23. 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. An improvements agreement has been executed and a letter of credit provided. 5 49 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. 24. The location of existing water and sewer mains shall be properly depicted. Proposed main extensions shall be noted as proposed. Complied with. 25. Flood plain: Complied with. a) A Flood Plain Development Permit must be obtained from the City Engineer prior to any work being conducted within the limits of the delineated 100 year floodplain. b) The 100 year flood plain boundary and flood elevations must be depicted on the Final Plat. Fill shall be placed in the location of the “gaps” in the catch of the delineated boundary to approximate the historic boundary. 26. The Montana Fish, Wildlife and Parks, Gallatin County Conservation District, 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 Final Plat approval. Complied with. 27. 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. 28. Project phasing shall be clearly defined including installation of infrastructure. Complied with. 29. 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. 30. 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. 31. 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. 6 50 32. All streets within rights of way less than 60’ shall be privately maintained. For these streets, the right of way shall be increased to a minimum of 33’ or public street and utility easements granted for the additional 2’ for the purpose of future maintenance of the curb. Complied with. 33. The sidewalks and trails within greenspace corridors shall be installed within public access easements. Complied with. 34. All of the existing 18” water main that is to be abandoned shall be removed and disposed of off site. Complied with. 35. Temporary cul-de-sacs shall be provided at the end of any dead end street longer than one lot deep that is created by phasing. Complied with. 36. All rights of way that contain City utilities must be a minimum of 30’ wide, and cannot contain other utilities. Complied with. 37. 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 for all improvements along Rouse/Bridger Drive. Complied with for Phase 1, this issue will need to be reconsidered with each subsequent phase. 38. Storm Water 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 has been provided to the City Engineer. The applicant is advised that although the general storm drainage and grading concept has been reviewed, the submitted data will be subject to further review as part of the infrastructure plan and specification review process. a. The Storm Water Master Plan will provide an analysis comparing predevelopment runoff patterns to post development runoff potentials. b. The Storm Water Master Plan will specify means to ensure that downslope property will not be adversely affected. c. Stormwater generated by the proposed subdivision which discharges off-site may not accumulate in undesirable locations, such as private yards, roads or streets, and must show a determined area for runoff water to collect. d. Stormwater generated by the proposed subdivision which discharges off-site should not create unnecessary ponding or change the point of exit of water from the property. e. The Storm Water Master Plan will specify methods to prevent downstream areas from increased flow. 7 51 f. Stormwater generated by the proposed subdivision which discharges off-site into a drainage swale will require a drainage easement that protects the swale from development and secures an alternative easement in the event of future development of that drainage swale. Plat Code Provisions: a. 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 in located inside the park boundaries, this shall be included in the Park Plan. Complied with. b. Per Section 18.42.100, on-site stormwater treatment facilities may be located in Zone 2 of the watercourse setback. Complied with. c. Per Section 18.42.150.C, the Subdivision Lighting Plan shall include street lighting and pathway intersection lighting. It appears that more pathway intersection lighting is required. A corrected plan shall be submitted for review and approval prior to the contracting, creation of an SILD and installation of the lights. Complied with. d. Section 18.42.180, the RSL designation shall be recorded on the individual lots in a manner that will appear on a title search and include reference to the sunset provisions of Section 18.42.180. Complied with. e. Per Section 18.44.040, all street names shall be reviewed and approved by Gallatin County and City Engineer’s Office prior to final plat approval. Complied with. f. Section 18.44.110.B.1.d states that transportation trail corridors can not be used to satisfy parkland. The trail section depicted adjacent to Bridger Creek do not count towards the parkland dedication. Complied with. g. Per Section 18.50.060, the City may consider and approve the installation of streets along less than 100 percent, but not less than 50 percent, of the perimeter when: Complied with, public restroom facilities are being provided at a cost in excess of the parking area. • the trail system around the perimeter of the park land shall be constructed by the subdivider to provide direct pedestrian access to the perimeters without street frontage. • the subdivider shall provide the additional land for a parking area based on lot frontage (~ 130 feet) x 14 feet for ~ 1,820 square feet. The additional land for the parking area may not be counted towards the final park land dedication. If the frontage of the park changes, this number will be recalculated. • the subdivider shall either develop the parking area or in lieu of the constructed parking area, an equivalent dollar value of non-parking improvements within the park are provided according to the individual park plan. 8 52 h. 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. i. Section 18.50.080 states that the subdivider must decide on the improvements to be completed by the subdivider prior Final Park Plan approval. At a minimum these improvements included; leveling any park area(s), amending the soil, seeding disturbed areas to allow mowing with turf type mowers, installing an underground irrigation system with well, boundary posts and sidewalks. In addition, these improvements include the parking area or improvements in lieu, the trail system to provide direct pedestrian access to the perimeter, and watercourse landscaping. Complied with. j. 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 at the time of annexation. k. 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 trails, snow removal, and other areas common to the association pursuant to Chapter 18.72 of the Bozeman Unified Development Ordinance. Complied with; to be recorded with the Final Plat. l. 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 or the Bozeman Unified Development Ordinance. The same shall be submitted to the city attorney and shall not be accepted by the city until approved as to legal form and effect. A draft of these documents must be submitted for review and approval by the Planning Department at least 30 days prior to filing and recordation with the Gallatin County Clerk and Recorder. Complied with; to be recorded with the Final Plat. m. 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 land, parking area and total area. Complied with. n. 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 Commission on January 16, 2007. 9 53 o. 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 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. p. 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 Preliminary Plat was conditionally approved on April 17, 2006. This multi-phased major subdivision is within the three year time frame. q. 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. An improvements agreement has been executed and a letter of credit provided. r. 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. Land West Consulting, 321 East Main, Ste. 202, Bozeman, MT 59715 Edgefield, LLC, 430 Ryman, 2nd Floor, Missoula, MT 59802 10 54 55