HomeMy WebLinkAbout11-05-07_Approve The Knolls at Hillcrest Subdivision Final _1165
planning • zoning • subdivision review • annexation • historic preservation • housing • grant administration • neighborhood coordination
CITY OF BOZEMAN
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
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
From: Jami Morris, Contract Planner
jamimorris@bresnan.net or 570-6209
Date: October 8, 2007
Subject: The Knolls at Hillcrest MaSub Final Plat #P-07025
Bozeman Deaconess Health Services, has made application to the Planning Office for Final Plat
review and approval for The Knolls at Hillcrest Major Subdivision, being a residential subdivision
located on the southwest corner of Highland Boulevard and Aspen Pointe Drive.
On July 24, 2006, the City Commission granted preliminary plat approval to subdivide 31.561 acres
into 76 single-household residential lots, 1 multi-household residential lot and 1 bed and breakfast lot, 1
community center lot and the remaining area as parks, open spaces, streets and alleys. Staff’s summary
review addresses the conditions of preliminary plat approval outlined in the Findings of Fact and Order.
The developer has applied for final plat review and approval of The Knolls at Hillcrest Major
Subdivision, electing to financially guarantee the remaining infrastructure improvements. Based on the
summary review provided below, both the City Engineering’s Office and Planning Department have
reviewed the application against the conditions of preliminary plat approval; and as a result, find that final
plat approval may be granted.
Attached for your review: four (4) original mylars of the Final Plat, original Platting Certificate,
application binder, draft Subdivision Improvements Agreement and draft Notice of Building Permit
Restrictions. An Agreement for Concurrent Construction and the financial guarantee were previously
submitted with the PUD. Please have the Director of Public Service sign the applicable certificates on the
final plat, and return all of the documents to the Planning Office once the City Commission has acted on
the final plat application.
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 Completion "as to form". If you find this submittal acceptable,
please place the final plat application on the earliest scheduled Consent Agenda of the Bozeman City
Commission.
Once the Commission has acted on the Final Plat application, please forward the original mylar plats
and documents to the Director of Public Service and have the Director sign the appropriate certificates on
the final plat. Please make sure the Director’s signature’s are notarized and return all of the documents to the
Planning Office.
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The application was submitted on September 28, 2007. The final plat application was deemed
complete on October 8, 2007. The maximum 45 working day review period will expire on December 13,
2007. On behalf of the Planning Office I would request that the plat be scheduled before the City
Commission for approval on Monday, October 22, 2007.
The final plat application complies with all of the code provisions identified in the Findings of Fact and
Order. The conditions of preliminary plat approval, which are applicable to this phase, and how they have been
met, follow:
1. The final plat shall include a public access easement for all areas labeled as “public open space” and
for all streets/alleys if they are not dedicated.
Sheet 1 of 3 of the final plat includes an “Access to Public Open Space, Parks and Alleys”
notation.
2. All single-household dwelling units will be limited to a maximum building height of 26 feet,
measured as specified in Section 18.80.410 of the Bozeman Unified Development Ordinance. This
will be specified in the covenants, restrictions, and articles of incorporation for the creation of a
homeowners’ association.
Section 3.1.14 of the covenants outlines the maximum allowable height for single household
residences as 26 feet.
3. The final park plan shall indicate which amenities and landscaping the applicant will install. The
applicant shall be responsible for installing the proposed public restroom, and the dedicated park
parking spaces (including striping and signage), and the disabled accessible trail connecting the
parking spaces to Burke Park.
The Master Park Plan was separately adopted. Pursuant to the condition of approval the
final parks plan indicated the responsible party for all improvements including the public
restroom, parking spaces and the disabled accessible trail. As indicated in the adopted
Parks and Open Space Estimate, the property owner will install all of the proposed
improvements.
4. A copy of the 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 City. The following corrections shall be made to the draft covenants, restrictions and articles
of incorporation:
Signed copies of the covenants, restrictions and articles of incorporation have been included
under tab 12 of the application binder. The documents were thoroughly reviewed for
compliance with the UDO and the conditions of approval.
a. Section 7.5.1 specifies a 4½ foot tall fence, however Section 18.42.130 of the Bozeman
Unified Development Ordinance limits the height of fences to 4 feet in any required front
yard or any portion of a required corner side yard that is forward of the rear edge of the
building façade nearest the corner side yard.
The revised covenants describe the fence regulations under Section 7.4.1. The
updated provision restricts fences in front and corner yards to a maximum height of
4 feet.
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b. Section 3.17 allows for the temporary parking of recreational vehicles in a driveway or on the
street. However, Section 18.38.03 of the UDO prohibits all parking of recreational vehicles
except for in a garage or in the rear yard.
The provision has been revised under Section 3.38 to require all recreational vehicles
to be stored within the confines of the garage.
c. In Section 3.17, the following phrase should be struck: “…but over-night parking on streets
by guests is prohibited.”
The provision prohibiting over night on-street parking has been removed from the
covenants.
d. Provisions for assessment, maintenance, repair and upkeep of the following must be
provided, and all Sections for “Areas of Association Responsibility” need to specify that the
following common areas will be maintained by the association as follows:
i. All areas identified as open space on the final plat;
ii. All private streets;
iii. All sidewalks and boulevards in public rights-of-way along external subdivision
streets and adjacent to parks and/or open spaces;
iv. All trails in the development;
v. Stormwater facilities, including retention/detention ponds;
vi. The water booster system, back-up emergency power equipment, and the building in
which these are housed (except for the interior of the public restroom);
vii. Public parkland until a City-wide parks maintenance district is created; and
viii. Any area provided for mail delivery within the development.
Section 7.1 of the covenants identifies the Association as the responsible party for
assessment, maintenance, repair and upkeep of the open spaces, private streets,
external sidewalks and open spaces, trails, storm water facilities and the mail delivery
area. The section further stipulates that the Association will maintain the public
parks until such time a Citywide Parks Maintenance District is established. The only
item not listed is the water booster system, back-up emergency power equipment
and the building will be maintained by the City as per the City Engineers Office.
e. Covenants shall contain information regarding the orientation for all corner lots.
Exhibit F included with the covenants depicts the building orientation for corner
lots.
5. Instead of paying cash-in-lieu of parkland dedication to the City, the applicant may pay cash-in-lieu
of parkland dedication into an escrow account to be released upon dedication of the balance of the
required parkland dedication in the proposed community park east of Highland Boulevard.
BDHS has set up an escrow account (submitted for approval under separate cover) with the
City of Bozeman. A sum of $222,000 has been deposited into the account until such time
the remaining parkland dedication is met with the platting of other phases.
6. Should historical, cultural and/or archeological materials be inadvertently discovered during
construction of this project, the State Historical Preservation Office (SHPO) and the Bozeman
Historic Preservation Office shall be contacted immediately and construction activities shall cease.
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The applicant acknowledges that any historical, cultural or archeological materials found
during construction must be reported to the State Historic Preservation Office and the
Bozeman Historic Preservation Office.
7. Should any species of concern, as defined by the Montana Natural Heritage Program, be discovered
on-site during construction, the Montana Department of Fish, Wildlife and Parks and the Montana
Natural Heritage Program shall be contacted immediately and construction activities shall cease.
The applicant acknowledges that any species of concern discovered during construction will
be reported to the Montana Department of Fish, Wildlife and Parks and the Montana
Natural Heritage Program.
8. Water rights, or cash-in-lieu thereof, shall be provided and paid for prior to final plat approval. If the
final plat of the subdivision is filed in phases, water rights will only be required for each phase as the
final plat for that phase is filed. The amount of water rights required will be determined by the City
Engineer based on the proposed final plat.
A total of $23,725.39 was paid towards cash in lieu of water rights on June 8, 2007.
9. If the variance to not extend Josephine Lane to the western property line is granted by the City
Commission, the public access easement shall still be extended to the western property line.
The variance permitting a dead end on Josephine Lane was permitted. Right of way has
been provided to the property line for the future extension of the street.
10. Highland Boulevard, including any required utility extensions, shall be constructed along the
frontage of the subdivision including tapers meeting AASHTO requirements to transition back to
the existing road width. There is no 4 lane minor arterial street section in the City’s transportation
plan. If the 3 lane option being proposed to the south does not have enough capacity for the
section to the north, then a 5 lane section shall be installed. The required right of way dedication for
Highland Boulevard is 100 feet.
The Plans & Specifications approved by the City Engineers Office included the required
improvements to Highland Boulevard. Currently there is only 90 feet of right of way. The
additional 10 feet will be dedicated with the platting of future phases on the east side of
Highland Boulevard.
11. All improvements necessary to provide adequate level of service at the analyzed intersections (all
movements at all intersection) must be installed or financially guaranteed prior to filing of the plat.
No building permits will be issued until all improvements required are installed and accepted.
Approval must be obtained from the Montana Department of Transportation of the TIS and for all
improvements along Highland Boulevard.
Montana Department of Transportation has reviewed the TIS and provided comments
dated August 3, 2007 located under tab 18 of the applicant’s submittal. The improvements
for Highland Boulevard have been included with the financial guarantee secured with the
approval for concurrent construction.
12. The Old Highland Boulevard right of way must be vacated south of the Hillcrest Access road.
Old Highland Boulevard was abandoned by Commission Resolution No. 3958 on October
2, 2006.
13. The isolated booster station water system zone shall not create any dead end mains longer than 500
feet in either the proposed or existing system.
The booster station Plans & Specifications were reviewed and approved by the City
Engineers Office for compliance with the stipulated conditions on January 3, 2007.
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14. The booster station shall be designed to provide the max day demand plus 1500 gpm fire flow with
a residual pressure of 20 psi unless all of the units within the isolated zone are fire sprinkled. If fire
sprinklers are utilized, the system shall provide the max day demand plus 500 gpm fire flow with a
minimum residual pressure of 20 psi.
The booster station Plans & Specifications were reviewed and approved by the City
Engineers Office for compliance with the stipulated conditions on January 3, 2007.
15. The proposed water mains shall be connected to the existing mains on the north and east. A
normally closed valve shall be installed at the connection point.
The Plans & Specifications for the subdivision including provisions for construction of the
water mains were reviewed and approved by the City Engineers Office on December 6,
2006.
16. Easements for any offsite drainage discharges must be provided. These easements can be temporary
that will expire once the storm drains are extended with future development.
The signed Notice of Right to Discharge Drainage has been submitted with the final plat
application. The notice provides for off-site drainage on property also owned by Bozeman
Deaconess Health Services.
17. A pavement design for Highland Boulevard must be provided with the design reports for the
project.
The pavement design was included with the subdivision Plans and Specifications reviewed
and approved by the City Engineers Office on December 6, 2006.
18. Street lighting must be provided along the section of Highland Boulevard that is being improved
with this subdivision.
The street lighting plan has been approved by the City Planning Office under separate
cover. The approved plan does provide for lights on Highland Boulevard. The lights have
been financially guaranteed with the concurrent construction approval.
19. 100 percent of the cost of construction of the improvements shall be placed in an escrow account
prior to final plat approval to be used for completion of these improvements in the future. A copy
of the executed documents shall be submitted with the final plat. If the lots/tracts are converted
into park, or otherwise restricted in future use such that it is agreed between the City and the
Developer that the extension to the street will not be required, then the escrow will be released to
the developer.
This condition of approval was deemed unnecessary by the City Planning Director based on
approval of the variance waiving the requirement for Josephine Lane to be extended to the
western property line.
20. Birchwood Lane shall be reconstructed to a City standard street. An easement will be required for
the portion of the street outside the limits of the subdivision. Within the limits of the subdivision,
either and easement will be required, or right of way dedicated.
The reconstruction of Birchwood Lane to a City standard street has been included in the
estimate for subdivision improvements. A Public Street and Utility Easement has been
submitted with the plat which has been forwarded to the City Commission to be considered
during a regularly scheduled meeting.
21. Road geometry shall meet the criteria in the COB design standards unless a deviation is approved
during the infrastructure design review. Some of the intersections do not meet the standards as
shown.
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The road geometry was approved by the City Engineers Office on December 6, 2006.
22. A section of 4-inch PVC pipe shall be installed beneath Kenyon Drive, north of the existing trail,
extending a minimum of 2 feet on either side, to provide for future irrigation extensions.
The installation of the 4 inch PVC pipe was included in the drawing for Plans &
Specification approval. The improvement has also been included in the financial guarantee
on file with the City Treasurer.
23. 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.
The Knolls at Hillcrest Subdivision included all of the documentation necessary to comply
with the outlined code provisions which included:
• Final plat submitted within 2 years of the approved Findings of Fact & Order
• Appropriate certificates included on the face of the final plat.
• Provisions for allowance of the zero foot side yard setback as contained in the
covenants.
• Orientation of homes on corner lots.
• Lot frontage requirements.
• Block lengths meeting UDO requirements.
• Utility placement.
• Off site mail delivery location.
• Fences.
• An approved subdivision lighting plan.
• Improvements to be installed within the boulevard.
• Cash in lieu of parkland.
• A signed Waiver of Right to Protest a Citywide Parks Maintenance District.
• Submittal of the final plat within 3 years of preliminary approval.
• Financial guarantee for improvements not installed prior to final plat.
• Memorandum of understanding.
• Final Master Park Plan adoption.
• Plans & Specifications.
• Easements.
• Addressing.
• Construction routing map.
JM/jm
Attachments: Four (4) Mylar Final Plats and One (1) Blackline Copy
Original Platting Certificate
Draft Improvements Agreement
Draft Notice of Building Permit Restrictions
Copy of the applicant’s submittal
cc: Debbie Arkell, City Hall
PC Development, 3985 Valley Commons Drive, Bozeman, MT 59718
Bozeman Deaconess Health Services, 915 Highland Boulevard, Bozeman, MT 59715
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