HomeMy WebLinkAbout12-10-07_Approve Diamond Estates Major Subdivision N1165432_13
REPORT TO: Honorable Mayor and City Commission
FROM: Tim Cooper, Staff Attorney
SUBJECT: Diamond Estates Major Subdivision No. 2, Phase II, Final Plat (#P-07049)
MEETING DATE: December 10, 2007
RECOMMENDATION: Upon the Director of Public Service’s review and concurrence, the City
Commission approves the Final Plat of Diamond Estates Major Subdivision No. 2, Phase II, and
authorizes the Director of Public Service to execute the same on behalf of the City of Bozeman.
BACKGROUND: This is a request for approval of a Subdivision Final Plat to subdivide 29.603 acres
into 71 lots, one common open space parcel, and dedicated parkland. The property is generally located
south of West Oak Street, east of Ferguson Avenue, and west of Oak Springs Subdivision. At its
February 27, 2006, public hearing, the Bozeman City Commission voted to conditionally approve the
Diamond Estates No. 2, Phase II Major Subdivision Preliminary Plat. The applicant applied for final
plat approval on November 7, 2007, and staff has concluded all terms and conditions of preliminary plat
approval have been met.
State law provides that the governing body shall approve the plat only if:
a) The plat conforms to the conditions of approval set forth on the preliminary plat and to
the terms of the state subdivision law and regulations and the regulations adopted by the Bozeman City
Commission; and
b) The County Treasurer has certified that all real property taxes and special assessments
assessed and levied on the land to subdivide have been paid.
The County Treasurer has certified that the taxes and special assessments have been paid. Attached is a
memorandum from Dave Skelton, Senior Planner, delineating how the conditions of preliminary plat
approval have been satisfied.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property
tax revenues from new development, along with increased costs to deliver municipal services to the
property.
ALTERNATIVES: As suggested by the City Commission
CONTACT: Please email Tim Cooper at tcooper@bozeman.net if you have any questions prior to the
public hearing.
Commission Memorandum
98
APPROVED BY: Chris Kukulski, City Manager
99
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, CITY ATTORNEY’S OFFICE
STACY ULMEN, CITY CLERK
FROM: DAVE SKELTON, SENIOR PLANNER
RE: FINAL PLAT REVIEW AND APPROVAL
DIAMOND ESTATES SUBDIVISION NO. 2, PHASE II
PLANNING FILE NO. P-07049
DATE: NOVEMBER 26, 2007
(Updated November 30, 2007)
------------------------------------------------------------------------------------------------------------------------------------
Gaston Engineering & Surveying has made application to the Planning Office for Final Plat
review and approval for Diamond Estates Subdivision No. 2, Phase II, being a multi-phased, residential
subdivision located north side of Durston Road, south of West Oak Street, and west of Oak Springs
Subdivision.
On February 27, 2006, the City Commission granted preliminary plat approval to subdivide 82.190±
acres of agricultural land and create 182 residential lots and 21 acres of dedicated parkland and open space.
Staff’s summary review addresses the conditions of preliminary plat approval outlined in the Findings of
Fact and Order. Attached is a copy of the signed Findings of Fact and Order dated May 21, 2007.
The developer has applied for final plat review and approval of Diamond Estates Subdivision No. 2,
Phase II, electing to financially guarantee a portion of the required subdivision improvements for said phase
(i.e., sidewalks, West Oak Street boulevards, and parkland 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 contingent on receiving the applicable financial guarantee.
Four (4) original mylars of the Final Plat, original Platting Certificate, copy of Improvements
Agreement and Financial Guarantee are attached. The Improvements Agreement will be recorded and filed
with the final plat at the Clerk and Recorder’s Office. A “No Build” restriction is not necessary with the
recording of this final plat.
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, and advise staff accordingly in order for the applicant to provide the appropriate
financial guarantee prior to the City Commission acting on the matter.
100
Page 2
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 in the Inter-Department routing envelope for their protection.
Based on the applicant having submitted a complete application on Wednesday, November 7, 2007 for
final plat review and approval, and further finding that the application was deemed complete on Tuesday,
November 13, 2007, the 45-day (working days) review period for this final plat would expire on January
18, 2007. The conditions of preliminary plat approval, which are pertinent to this phase, and how they have been
met, follow.
1. The applicant must comply with all provisions of the Bozeman Municipal Code, which are
applicable to this project. The applicant is advised that unmet code provisions, or code provisions
that are not specifically listed, does not, in any way, create a waiver or other relaxation of the lawful
requirements of the Bozeman Municipal Code or state law.
So noted.
2. The applicant will execute a Public Park Easement for Diamond Park at the Clerk and Recorder’s
Office with the filing of the final plat for Phase One of the major subdivision, and that said is
dedicated to the general pubic with Phase Two.
Said public park easement is provided and will be recorded with the final plat. Note that
Phase Two will be filed first, therefore, the easement will be recorded with this phase and
parkland improvements installed with Phase One.
3. That all subdivision alleys provide a sixteen foot wide all weather accessible surface within 20-foot
rights-of-ways. Any allowed parking in the alleys will require “No Parking Fire Lane” signage.
Said 16’ all weather surface within the 20’ alley right-of-way is installed for this phase.
4. No building permits shall be issued until the construction contract for the Durston Road SID
project has been awarded.
The Durston Road SID project has been awarded, constructed and approved by the City.
Therefore, this condition no longer applies.
5. The preliminary plat submittal only shows one connection to the existing water system. Additional
connection shall be made at a minimum at Saunders, Annie, Renova, and Oak. If the mains do not
exist at these locations at the time of the installation of the infrastructure, the new mains shall be
installed to the property line for future connection by the adjoining subdivision.
Said water lines have been installed per the direction of the City Engineer’s Office.
6. An all weather access road and easements shall be provided for all of the sewer main outside of the
limits of the subdivision.
City Engineer’s Office has approved said access roads and said easements will be recorded
with the final plat.
101
Page 3
7. Flanders Mill Road shall be improved along the entire frontage of the subdivision to a local street
standard. This shall include curb and gutter on both sides, sidewalk on the east side only, and the
necessary utility extensions. The sidewalk may be installed with the houses as allowed by code, but
must be financially guaranteed to file the final plat.
Improvements to Flanders Mill Road will completed with the adjacent Phase III at the time
of filing, not Phase II.
8. The south half of Oak Street shall be improved to the 5-Lane Principal Arterial standard as shown in
the Transportation Plan from the end of the existing street to the east to the western boundary of
the subdivision.
The south half of Oak Street has been improved to the required standards and approved by
the City Engineer’s Office.
9. A 1’ No Access Strip shall be shown on the plat along the entire frontage of Oak Street and
Ferguson Avenue, with limited access onto Flanders Mill Road.
Said 1’ No Access Strip is noted accordingly on the final plat.
10. This property is part of all three Valley West payback districts. Paybacks will be due with each phase
of the subdivision.
Said paybacks in the amount of $44,810.46 was been paid with submittal of this application.
11. The sidewalks adjacent to Oak shall be 6’ wide, and shall be installed at the time the street
improvements are done.
The sidewalks along the south side of West Oak Street have been installed and approved.
12. The recommended improvements to the signal at Oak and 19th shall be installed as part of the
required infrastructure for Phase I subject to review and approval of MDT.
Said improvements have been installed.
13. The recommended improvements to mitigate the level of service to the intersection of Ferguson and
Durston shall be installed with phase II. Prior to phase III, the intersection shall be reanalyzed to
determine if any additional improvements are required to maintain an adequate level of service. Any
additional improvements necessary to maintain an adequate level of service shall be installed as part
of the phase III infrastructure.
City Engineer’s Office has verified completion of said improvements.
14. A note shall be added to the face of the plat that prohibits the installation of fences within the limits
of public utility easements (i.e. water, sewer, storm sewer mains). The note shall clearly and
specifically indicate the lots which are effected. The restriction shall also be included in the
subdivision covenants.
Said notation is provided on the final plat and in the covenants.
102
Page 4
15. That water rights, or cash in-lieu thereof, shall be provided and paid for prior to final plat review and
approval for each phase. 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.
Said cash in-lieu of water rights in the amount of 14,404.19 was paid on
16. That a “No Full or Partial Basement Construction” restriction be placed on the final plat for all
residential building construction within the subdivision and noted accordingly in the protective
covenants.
Said restriction is provided on the final plat.
17. That the applicant submit a soils report for the entire subdivision with the final plat for use by the
City of Bozeman Building Department and that the final plat contain the following language that is
readily visible, placing future landowners of individual lots on notice of the presence of high
groundwater in the area of the subdivision:
“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 be constructed without first consulting a professional
engineer licensed in the State of Montana and qualified in the certification of residential and commercial
construction. The finish floor of all residential structures shall be not less than two (2) feet above the
established elevation from the top of curb of the adjoining street, unless otherwise approved by the City
of Bozeman Building Department.”
Four copies of the soils report have been provided and said ground water notation is
provided on the final plat.
18. That the applicant modify the protective covenants of the homeowner’s association as outlined in
the staff report and that the applicant submit a revised draft of the protective covenants for review
and approval by the Planning Office at least thirty (30) days prior to submitting for final plat
approval of the initial phase of the major subdivision.
Said covenants have been modified as outlined by the Planning Office.
19. All areas for the purposes of open space, storm water runoff facilities, and other common areas
owned and maintained by the homeowner’s association shall be identified on final plat as “common
area” and/or “common open space”, and noted accordingly in the protective covenants of the
homeowner’s association documents.
Reference to common areas are so noted on the final plat and referenced in the
homeowner’s association documents.
20. All parks that are dedicated parkland shall be noted on the final plat as “Public Park”.
So noted on the final plat.
21. That Garnet Street extend to the east through the open space corridor and connect with Ferguson
Avenue.
103
Page 5
This condition for the major subdivision does not apply to this final plat.
22. The east/west street between Block 2 and 3 in the northwest corner shall be terminated short of
Ferguson Avenue by means of either a cul-de-sac, or a tee intersection created by the street and
alley. This intersection as shown is too close to future turn bay and taper that will be required for
this arterial/collector intersection.
The east/west street, Amethyst Street, has been terminated short of Ferguson Avenue and
so noted on the final plat.
23. Renova Lane, Moonstone Drive, and Jade Avenue shall be right in/right out only at their
intersection with Ferguson Avenue unless the information required by Section 18.44.090.H of the
Bozeman Municipal Code to grant a deviation is provided to and approved by the City Engineer.
Said streets have been constructed so as to limit egress/ingress to right in/right out only.
24. Given only the south half of West Oak Street is being installed with this development (equivalent to
a local street), full access at the intersection of Emerald Loop and West Oak Street will be allowed at
this time. When the north half is constructed, a break in the median will not be installed and the
intersection will become right in/right out only.
The applicant understands that said break in the median will not occur at the intersection
with Emerald Drive.
25. Conditional approval is based upon the revised preliminary plat date stamped February 15, 2006.
The final plat application mirrors that of the preliminary plat approved and dated February
15, 2006.
DS/dps
Attachments: Four (4) Mylar Final Plats and One (1) Blackline Copy
Original Platting Certificate
Copy of Improvements Agreement
Findings of Fact and Order
Copy of the Homeowner’s Association Documents
cc: Gaston Engineering & Surveying, PO Box 861, Bozeman, MT 59715
Planning File No. P-07049
104
105