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HomeMy WebLinkAbout10-01-07_Authorize Director of Public Service to execu2_5 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Tim Cooper, Assistant City Attorney Chris Kukulski, City Manager SUBJECT: Alder Creek Subdivision, Phases 4 & 5 Final Plat MEETING DATE: October 1, 2007 BACKGROUND: This is a request for approval of two Subdivision Final Plats to subdivide approximately 19 acres into 92 residential lots and streets, parks and open space. The property is generally located west of South Third Avenue, north of Sacajawea Middle School, and south of Allison Subdivision. At the June 2, 2003 public hearing, the City Commission voted to approve the Alder Creek Subdivision Preliminary Plat with 48 conditions. The applicant has applied for final plat approval of Phases 4 & 5 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 Dave Skelton, Senior Planner, delineating how the conditions of preliminary plat approval have been satisfied. RECOMMENDATION: Upon the Director of Public Service’s review and concurrence, the City Commission approves the Final Plats of Alder Creek Subdivision, Phase 4 & 5, and authorizes the Director of Public Service to execute the same on behalf of the City of Bozeman. 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, Assistant City Attorney Chris Kukulski, City Manager Attachments: Review Memo to Tim Cooper, dated September 25, 2007. 22 CITY OF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPM 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, CITY ATTORNEY’S OFFICE FROM: DAVE SKELTON, SENIOR PLANNER RE: FINAL PLAT REVIEW AND APPROVAL ALDER CREEK SUBDIVISION, PHASE 4 AND PHASE 5 PLANNING FILE NO. P-07029 DATE: SEPTEMBER 12, 2007 (Updated September 18, 2007) (Updated September 25, 2007) ------------------------------------------------------------------------------------------------------------------------------------ C & H Engineering and Surveying Inc., on behalf of Mahar Montana Homes, L.L.C., has made application to the Planning Office for Final Plat review and approval for Alder Creek Subdivision, Phase 4 & 5, being a residential major subdivision to create ninety-two (92) residential lots located immediately west of Phase 1-3, northwest of Sacajawea Middle School, and south of Allison Subdivision. On Monday, June 2, 2003, the City Commission granted preliminary plat approval to subdivide 77.257± acres and create Alder Creek Subdivision, Phase I-V, subject to forty-eight (48) conditions (Planning Application No. P-03010). The Commission approved the Findings of Fact and Order on December 1, 2003, and is attached to this memorandum for your review. A one-year extension to October 2, 2007 was granted by the City Commission to file the remaining phases of the subdivision. The developer has applied for final plat review and approval of Phase 4 & 5, electing to financially guarantee some of the subdivision improvements for said phases. The applicant shall provide Staff with the applicable financial guarantee for the items listed in the Improvements Agreement prior to scheduling the matter before the City Commission. A “No Build” Restriction is necessary with Phase 5 of the final plat application, finding that all applicable infrastructure and street improvements have not been inspected, certified and accepted by the City of Bozeman. Based on the summary review provided below, the City Engineer’s Office and Planning Department have reviewed the final plat application against the conditions of preliminary plat approval; and as a result, find that final plat approval should be granted at this time. Enclosed, please find four (4) original mylars of the Final Plat, copy of Improvements Agreement, Notice of Building Permit Restrictions for Phase 5, Declaration of Covenants and Restrictions for the Homeowner’s Association, and original Platting Certificate. 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 planning • zoning • subdivision review • annexation • historic preservation • housing • grant administration • neighborhood coordination 23 Completion "as to form". If you find this submittal acceptable and complete, the applicant respectfully requests that the Final Plat application be scheduled before the Bozeman City Commission at the earliest time possible. Once the Commission has acted on the Final Plat application, please forward all of the original mylar plats, Improvements Agreement, and documents to Debbie Arkell for her signature of the appropriate certificates on the final plat. Please make sure her signatures are notarized and then return all of the documents to the Planning Office. The Improvements Agreement has already been signed by Andy Epple. Based on the applicant submitting a complete application that addressed all of the conditions of preliminary plat on August 9, 2007, the 45-day (i.e., working days) review period for this final plat expires on Thursday, October 11, 2007. The conditions of preliminary plat approval, which are pertinent to this phase, and how they have been met, follow: Planning Application No. P-07029: 1. Stormwater Master Plan: 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. The ponds on lots 117 and 241 shall be relocated. 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. The storm water master plan has been approved, inspected and accepted by the City Engineer’s Office. 2. 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. Page 2 24 No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements. Plans and specification were approved by the Montana Department of D.E.Q. on May 25, 2006. A pre-construction meeting was held prior to construction for Phase 4 and Phase 5 is financially guaranteed. . 3. 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 plat and in the covenants for the subdivision. All infrastructure and street improvements have been installed, inspected, certified, and accepted by the City of Bozeman City Engineer’s Office for Phase 4 with exception to the boulevard sidewalks and parkland improvements, which are financially guaranteed. Phase 5 improvements are financially guaranteed. 4. The location of existing water and sewer mains shall be properly depicted. Proposed main extensions shall be noted as proposed. The location and placement of water and sanitary sewer mains are provided on the plans and specifications reviewed and approved by the City Engineer’s Office. 5. Flood plain: a) A Flood Plain Development Permit must be obtained from the City Engineer prior to any construction within the delineated 100-year floodplain. b) Culvert sizing design calculations shall be provided for the floodplain crossings. This condition does not apply to Phase 4 and 5. 6. The Montana Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineers shall be contacted regarding the proposed project, and any required permits (i.e., 310, 404, turbidity exemption, etc.) shall be obtained prior to beginning construction. The applicant notes that a “General Permit for Storm Water Discharge Associated with Construction Activity” was obtained by the applicant’s engineering firm for Phase 2-5. Applicable 404 Permit was obtained and a 310 was not necessary due to the Gallatin Conservation District classifying the water ways as non jurisdictional.(see attached letter dated March 24, 2005. Page 3 25 7. 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 beginning construction. b. The applicant shall obtain written permission from the ditch owner for the proposed ditch relocation. Per condition six, applicable Permits have been obtained. Boylan Farm and Ranch, being the only downstream water user of the ditch relocation, has provided written permission to relocate said ditch. 8. 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. All municipal infrastructure improvements are located within dedicated public rights-of- way or 30-foot easements for Phase 4 & 5. 9. 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. A copy of the final plat has been submitted to the City Engineer’s Office who is currently establishing said addresses for the individual subdivision lots. 10. Easements must be obtained from the property owner to the north for the offsite sewer and water main extensions. Said easements from the property owner to the north have been obtained, reviewed, and are already recorded at the Clerk and Recorder’s Office (Document No. 2122421). 11. All alleys that provide primary access to lots shall be paved. The applicant notes in the written narrative that all alleys in Phase 5 will be paved in accordance with City of Bozeman standards. 12. The alleys in Block 15 and 16 must either be widened to 30 feet, or the public utilities relocated to the adjacent streets. All public utilities in Block 15 and Block 16 have, or will be installed in the adjacent public streets, Spring Ridge Drive, Summer View Lane, and South 15th Avenue in-lieu of alleys. 13. An all weather access road will be required for the sewer main in the park in Block 17, or the public utilities relocated to the adjacent streets. The applicant notes that said infrastructure are now within the public streets and an all- weather access is no longer necessary. Page 4 26 14. A connection must be made between the water mains installed with this subdivision and the existing water main that serves the school property to the south. Said connection has been made, inspected, certified, and accepted by the City of Bozeman. 15. Cambridge Drive shall be constructed to a full City standard street with this subdivision. Cambridge Drive has been constructed according to the plans and specifications approved by the City Engineer’s Office. 16. Prior to commencement of Phase III, sewer flow monitoring shall be performed to determine if the addition of Phases III and/or IV will cause downstream capacity problems in the collection system. If capacity problems are identified, those sections of main shall be replaced with larger mains prior to filing of the final plat for the additional phases. Said sewer flow monitoring was completed, reviewed and approved by the City Engineer’s Office prior to proceeding with Phase 3 and does not apply to Phase 4 & 5. 17. That the subdivider develop the major subdivision with the installation of an east/west public trail corridor in the general area identified on the Trails Map of the Bozeman 2020 Community Plan that has the ability to connect with future trails west of South 19th Avenue. Alternative locations through the major subdivision may be considered as long as the subdivider demonstrates the ability for the trail corridor to be extended further west, and that the final location be reviewed and approved by Planning Office, with input from the Gallatin Valley Land Trust and Bozeman Recreation and Parks Advisory Board, prior to submitting for final plat review and approval of any phase of the major subdivision. Said location and installation within the Cambridge Drive right-of-way has been reviewed and approved by the City Engineer’s Office, Planning Office, Gallatin Valley Land Trust, and Bozeman Recreation and Parks Advisory Board. Said improvements are financially guaranteed. 18. That prior to filing the final plat for Phase III the subdivider will install a perimeter hedge along the property lines of all subdivision lots in Block 9 and Block 11 that border the public parkland boundary in Phase III, and that the installation of playground equipment be included with the improvements to the public park. Said hedge improvements are included in the park master plan and have been installed with final plat review of Phase Three. 19. That the subdivider include in the parkland implementation plan provisions to overseed the public park in Phase III with more native grasses prior to filing the final plat for any phase of the subdivision, and that the maintenance plan require the public park to be mowed several times during the summer until such time that it is improved with Phase III. Said improvements were completed with Phase 3 of the major subdivision. The parks department will complete a sight inspection this week to accept said improvements and prior to release of the financial guarantee for Phase 3. Page 5 27 20. That the subdivider install with final plat for Phase III pedestrian/bike trail identification signs in accordance with Gallatin Valley Land Trust standards at both sides of Brookdale Drive and Alder Creek Drive, and that the subdivider provide typical details and specifications for the identification signs, for review and approval by the Planning Office and Gallatin Valley Land Trust. Said improvements were installed with Phase 3. 21. That the developer submits a formal development plan signed by a certified landscape architect for the design of all dedicated parklands within said subdivision for review and approval by the Superintendent of Facilities and Public Lands, and the City of Bozeman Recreation and Parks Advisory Board. Details of plantings, species, topography, irrigation system, and any permanent park features shall be shown and discussed with the plan. Construction of the parkland improvements will be to City standards and must be completed with City oversight. Improvements shall be installed within all dedicated parklands according to the Implementation Plan and schedule approved by the Superintendent of Facilities and Lands and the Recreation and Parks Advisory Board. The Superintendent of Facilities and Public Lands, Bozeman Recreation and Parks Advisory Board, and City Commission approved the park master plan for Alder Creek Subdivision on March 20, 2006. A final walk through by the Superintendent is necessary prior to releasing said financial guarantee for the parkland improvements. 22. That the applicant obtain written approval from the Superintendent of Facilities and Public Lands of a park land implementation plan outlining installation of landscape improvements, trail/bike path improvements, and maintenance and upkeep of the park lands and trails, and that said implementation plan be noted accordingly in the protective covenants and restrictions of the property owners’ association documents, for review and approval prior to final plat approval. The Superintendent of Facilities and Public Lands has approved the parkland implementation plan. 23. That public parkland boundaries bordering all private lots shall be delineated at the common private/public corner pins, with flat, flexible fiberglass posts, as prescribed in Section 16.14.100.F.3 of the subdivision regulations prior to filing of the final plat for any phase of the major subdivision that contains dedicated public parkland. The fiberglass posts have been purchased but not installed as of this writing. 24. That the subdivider shall be responsible for installing sod, boulevard trees, and an irrigation system in the public right-of-way boulevard strips along all external subdivision streets and adjacent to subdivision parks or other common open space or common areas. Said improvements have been financially guaranteed as part of the street boulevard and sidewalk improvements and will be installed in the spring. The covenants need to be amended to address Section 18.48.070 25. That prior to submitting for final plat review and approval for any phase(s) of the major subdivision the applicant will have formally executed the Annexation Agreement and annexed said lands to the corporate limits of the City of Bozeman. Page 6 28 Said lands have been annexed to the City of Bozeman. The Agreement was signed by the City Commission on November 24, 2003. 26. That the subdivider submit to the City Commission for review and approval an “Affordable Housing Implementation Plan” that addresses the contingencies outlined in the Annexation Agreement with the City of Bozeman, prior to submitting for final plat review and approval of Alder Creek Subdivision, Phase IV. Said Affordable Housing Implementation Plan has been approved by the City Commission as part of the Annexation Agreement. Said approval requires that six (6) single family lots and fourteen (14) attached two-household lots be identified on the final plat for Phase 4 & 5 as restricted PUD. As presented and approved by the City Commission, four (4) dwelling units will be restricted to a purchase price that is not to exceed 80% of the median purchase price for the Gallatin County. 27. That the applicant completes the contingencies and terms of approval for the zone map amendment to establish municipal zoning designations on said property and that the Zoning Ordinance be formally adopted by the City Commission, prior to submitting for final plat review and approval of any phase(s) of said major subdivision. Said zone map amendment was approved by City Commission in November of 2003 and the appropriate “R-2” zoning designation is noted accordingly on the City of Bozeman Zone Map. 28. That water rights, or cash in-lieu thereof, shall be provided and paid for prior to final plat review and approval. If the final plat of the subdivision is filed in phases, water rights, or cash in-lieu thereof will only be required for each phase of the subdivision that is being filed. The applicant shall provide payment of the calculated cash in-lieu of water rights based on an amount determined by the Director of Public Service. The applicant has provided the City Engineers with a Quit Claim for all water rights associated with Phase 4 & 5 versus payment of cash in-lieu. 29. That the subdivider submit to the Planning Office an updated preliminary plat that illustrates the final delineation of the wetland boundaries for the major subdivision along with written documentation prior to final plat approval for any phase of the subdivision that outlines the conclusions of the jurisdictional wetlands study and whether or not Section 404 permits are applicable with this subdivision. A Section 404 Permit is not required with Phase Two. The applicant provided an updated preliminary plat and a report by Land & Water Consulting, Inc., with the final plat application for Phase One. 30. That all dedicated parkland(s) be identified on the final plat as “Public Park,” that all private parks, stormwater runoff facilities, and trail corridors that are not dedicated to the public be identified as “Common Open Space,” owned and maintained by the homeowners’ association, and that it be noted accordingly on homeowners’ association documents, for review and approval by the Planning Office. All linear trail corridors that are not dedicated to the public will be located in a minimum of 25-foot wide public access easement, owned and maintained by the homeowners’ association, and noted in the association documents. Page 7 29 Stormwater retention facilities integrated into the dedicated parkland and common open space areas shall be designed and installed as irregular shaped features, properly landscaped, with depths of not more than 1 ½ to 2 feet in depth and side slopes of not more than 1:4 (horizontal to vertical fall, or 25%). All stormwater facility outlet structures will be properly landscaped and a minimum distance of not less than ten (10) from any watercourse high water mark. A landscape plan for all private parks, trail corridors, and stormwater facilities shall be included with the parkland improvements, including any proposal for landscape furniture, lighting, and street pedestrian crossings, for review and approval by the Planning Office. All public parks in Phase Three are identified on the final plat. There no areas to be identified as Common Open Space or public linear trail corridors with this phase. 31. That South 11th Avenue is constructed to a collector road standard with 10-foot wide pedestrian/bike boulevard trails and on-street parking on both sides, with a 14-foot turning lane/raised median, as prescribed in the Greater Bozeman Area Transportation Plan 2001 Update. South 11th Avenue has been constructed to the desired standard with Phase Three. 32. That the subdivider install pedestrian crosswalk pavement markings (i.e., concrete pavers, scored concrete, or raised walkways) and signage for all pedestrian and bike pathway crossings with public streets including Hidden Spring and Alder Creek between the two portions of the large park, and that the subdivider submit plans and specifications of said crossings for review and approval by the City Engineer’s Office and Planning Office, prior to final plat approval for said phases that propose intersections of pedestrian/bike pathways with vehicular movement. Said trail improvements, crossings, and signage have been financially guaranteed with this final plat.. Hidden Spring Drive is now referred to on the Final Plat as Brookdale Drive. Pedestrian crosswalk pavement markings and signage required with Phase One have been installed. 33. All pedestrian/bike pathways proposed with the subdivision will be constructed to a Class II standard, unless otherwise approved by the Recreation and Parks Advisory Board, that all pedestrian/bike pathways not located in dedicated parkland will be located in a minimum 25-foot wide public access easement, and noted accordingly on the final plat and in the homeowners’ association documents. A typical cross section of the public trail shall be included in the landscape guidelines and will include trail specifications, typical landscape guidelines, and site grading plans for review and approval prior to final plat approval. Said trails will be constructed to a Class II standard with exception to the east/west trail along the south side of Cambridge Drive, which was constructed as a boulevard sidewalk. Trail and/or pathway improvements) will be installed with the larger portions to be developed with this phase, and are financially guaranteed to file the final plat for Phase Three. 34. That all the subdivision blocks within the subdivision plat separated by dedicated public rights-of- way shall be clearly delineated using individual block numbers with each block containing its own group of lot numbers. Said blocks for Phase Three have been clearly identified on the final plat. Page 8 30 35. That prior to proceeding with any significant ground disturbance or installation of municipal infrastructure and/or streets, the subdivider shall provide the Planning Office with a Cultural Resource Inventory determining if any unknown or unrecorded cultural resources exist on the site in question and if such sites do exist, whether or not they will impacted by the development of said lands. The final plat application for Phase One included a Cultural Resource Inventory prepared by Anthro Research on November 4, 2003. A copy is also included with this application. 36. The subdivider shall obtain approval from the City Engineer’s Office for the location of all mailboxes within public right-of-way prior to proceeding with installation. Andy Kerr of the City Engineer’s Office approved the location of all mailboxes proposed within public right-of-way via an e-mail correspondence with C & H Engineering on September 29, 2004. 37. That street lighting shall be incorporated into the subdivision by one of the following: a) applicant shall install adequate street lighting throughout the subdivision. Lighting shall be maintained by means of the Homeowners’ Association through Protective Covenants; or b) applicant shall participate in a Street Lighting Improvements District. Street lighting will provide the necessary lighting in accordance with applicable national safety standards consistent with the preservation of dark skies. All subdivision lighting provided shall conform to Section 18.50.035 “Glare and Lighting” of the Bozeman Zoning Ordinance. Details and specifications (cut sheets), including bulb type and size, and locations shall be provided with the final plat and subject to review and approval by the Planning and Engineering Departments. In addition to current city standards, all outdoor lighting, residential, commercial or otherwise, shall be free of glare, and shall be fully shielded or shall be indirect lighting. No direct lighting shall be emitted beyond a property’s lot line. No ranch lights or unshielded lights shall be permitted. No mercury vapor lights shall be permitted. Alley lights shall be fully shielded lights. Covenants of the development shall reflect these restrictions. For purposes of this paragraph, the following definitions shall apply: a) Fully shielded lights: Outdoor light fixtures shielded or constructed so that no light rays are emitted by the installed fixture at angles above the horizontal plane as certified by a photometric test expert; b) Indirect light: Direct light that has been reflected or has scattered off of other surfaces; c) Glare: Light emitting from a luminaire with an intensity great enough to reduce a viewer’s ability to see, and in extreme cases, causing momentary blindness; and d) Outdoor lighting: The nighttime illumination of an outside area or object by any man- made device located outdoors that produces light by any means.” Said improvements for boulevard street lighting have been installed for Phase One –Three and are not required to be financially guaranteed with this final plat application. 38. That the Declaration of Covenants, Conditions, and Restrictions for the property owners’ association include Developmental Guidelines containing the architectural and landscape guidelines submitted with the preliminary plat application and preliminary P.U.D. plan application, as well as the recommended revisions, corrections, and additions discussed by the Planning Staff on pages 18-19 of the staff report, and that the applicant broaden the color palette and materials for the homes in the Page 9 31 Developmental Guidelines to bring them into compliance with the Bozeman 2020 Community Plan to allow creativity, diversity, and individuality, for review and approval by the Planning Office prior to submitting for final plat review. Article VII and Article VIII of the protective covenants contains said provisions identified by the Planning Office. 39. That the final plat contain a notation stating that all downstream water user facilities will not be impacted by this subdivision and that it also be noted accordingly in the by-laws and protective covenants for the homeowners’ association. Said notation is provided on the final plat. 40. That the final plat shall comply with Section 16.08.070 “Final Plat” and Chapter 16.32 “Certificates” of the City of Bozeman Subdivision Regulations, and shall conform to all requirements of the Uniform Standards for Final Subdivision Plats including provisions for all appropriate certificates and language, certification from the City Engineer that as-built drawings for public improvements were received, and accompanied by all appropriate documents, including a Platting Certificate. Four (4) mylar copies of the final plat must be submitted for final plat approval, along with two (2) digital copies of the final plat, on a double-sided, high-density 3½-inch floppy disk; and five (5) paper prints. The final plat contains all applicable certificates with the appropriate language and the applicant has provided the correct number of final plats, digital copies, and paper prints. Andy Kerr of the City Engineer’s Office reviewed and approved the final plat for closure and applicable surveying requirements on November 3, 2004. 41. That the applicant obtain Montana Department of Environmental Quality approval of the subdivision prior to final plat approval pursuant to Section 16.16.101 through 16.16.805 A.R.M. The Montana Department of D.E.Q. approved the water and sanitary sewer systems for Phase 4 & 5 on May 25, 2006 and City Engineer’s Office on September 13, 2006. 42. That the applicant provides with the application for final plat review and approval a copy of a signed Memorandum of Understanding with the Gallatin County Weed Control District. The applicant has provided a copy of a signed Memorandum of Understanding by Dennis Hengel of the Weed Control Office on November 25, 2005. 43. The final plat shall provide public utility easements along all front, side and rear lot lines as required by Section 16.14.050 “Easements” of the subdivision regulations. However, in the event front and/or rear yard utility easements are used, side rear yard easements must still be provided on the plat unless written confirmation is submitted to the Planning Office from all utility companies and Director of Public Service indicating that front and rear yard 10-foot wide easements are adequate to service said subdivision lots. The easement notation required in Section 16.14.050.B.4 of the Bozeman Subdivision regulations shall also be provided on the final plat. All applicable utility agencies have approved the placement and location of said public utility easement for Phase Three. The Director of Public Service will approve said utility easements with signature of the Certificate of Governing Body on the final plat. Page 10 32 44. That the final plat contain the following language that is readily visible with lettering, at a minimum height of 1/4-inch, placing future landowners of individual lots on notice of the presence of high groundwater in the area of the subdivision for review and approval by the Planning Office: “Due to the potential of high ground water tables in the areas of the subdivision, it is not recommended that residential dwellings or commercial structures with full or partial basements be constructed without first consulting a professional engineer licensed in the State of Montana and qualified in the certification of residential and commercial construction.” Said notation is provided on the final plat. Prior to submitting a final plat application to the Planning Office for each phase(s) of the subdivision the subdivider shall provide monitoring well data reports, documented through the peak irrigation season, to determine if restrictions on partial and/or full basements is necessary with each phase should the report contain evidence of the average ground water table being within 3-5 feet of the surface. Said monitoring well data report is provided with the final plat application and is found acceptable for Phase 4 & 5. No restrictions on partial or full basements will apply with Phase 4 & 5 with exception to the notation placed on the final plat.. 45. The subdivider shall ensure that all construction material and other debris is removed from the subdivision prior to final plat approval, or prior to release of said financial guarantee, if an Improvements Agreement is necessary with the final plat. All construction material and debris have generally been removed from Phase 4 & 5, with exception to activity by the private utility companies. Prior to release of the financial guarantee for boulevard improvements, staff will complete an on-site inspection of the subdivision. 46. That the developer shall enter in an Improvements Agreement 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 installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to one hundred fifty (150) percent of the cost of the remaining improvements. The applicant has entered into an Improvements Agreement to financially guarantee the completion of parkland landscape improvements, street lighting, and boulevard sidewalks and boulevard improvements for Phase 4. Phase 5 has a No Build restriction on said phase pending completion of streets and infrastructure. A copy of the document signed by the Planning Director is attached to this summary review. 47. That the developer shall have three (3) years from the date of preliminary plat approval to complete the conditions of preliminary plat approval and apply for final plat approval. At the end of this period the City Commission may, at the written request of the subdivider, extend its approval for a period of no more than one (1) calendar year except that the City Commission may extend its approval for a period of more than one (1) year if that approval period is included as a specific condition of a written subdivision improvements agreement between the City Commission and the subdivider, provided for in Chapter 16.22 of the Bozeman Subdivision Regulations. Page 11 33 The applicant has until October 2, 2007 to file the final plat for all phases of Alder Creek Subdivision prior to requesting a one (1) year extension of preliminary plat approval. 48. That the applicant submit with the application for final plat review and approval of Alder Creek Subdivision, Phase I-V, a written narrative stating how each of the conditions of preliminary plat approval has been met or satisfactorily addressed. Said written narrative by the applicant is attached to this summary review. DS/dps Attachments Four (4) original mylars, original Platting Certificate, Improvements Agreement, Building Permit Restriction cc: Mahar Montana Homes, L.L.C., 1627 W. Main Street #370, Bozeman, MT 59715 C & H Engineering, 1091 Stoneridge Drive, Bozeman, MT 59718 Debbie Arkell, Director of Public Service Andy Epple, Planning Director Page 12 34 35 36