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.
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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
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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)
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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
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