HomeMy WebLinkAbout4-24-15 Valley Additional Materials
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Tom Rogers, Senior Planner
Wendy Thomas, Director of Community Development SUBJECT: Planning Board Discussion Update Valley Meadows Major Subdivision
Preliminary Plat Application, P14062
MEETING DATE: April 27, 2015 AGENDA ITEM TYPE: Action
RECOMMENDATION: Include Planning Board Resolution and summary of discussion
review. BACKGROUND:
This is an application for preliminary plat approval for a major subdivision to subdivide 8.69
acres into 62 single-household residential townhome lots, open space lot, one (1) park, and with
the remaining area as street right of ways.
The Planning Board began their consideration of the proposed subdivision on April 7 and
concluded their deliberations April 21, 2015. Due to the limited time between the action of the
Planning Board and the City Commission meeting, complete meeting minutes are not available
at this time. A draft Planning Board resolution is attached to this memo to provide a summary of the discussion. The video of the Planning Board discussion is available.
As noted in Appendix D of the staff report the final decision for a Major Subdivision Preliminary
Plat must be made within 80 working days of the date it was deemed adequate; or in this case by
May 29, 2015
Planning Board discussion can be viewed HERE. UNRESOLVED ISSUES: None.
ALTERNATIVES: As determined by the City Commission
FISCAL EFFECTS: None identified at this time.
Report compiled on: April 24, 2015
Attachments: Draft Planning Board Resolution P-14062
Valley Meadows Major Subdivision
1
RESOLUTION #P-14062
RESOLUTION OF THE CITY OF BOZEMAN PLANNING BOARD REGARDING A
MAJOR SUBDIVISION PRELIMINARY PLAT APPLICATION TO SUBDIVIDE 8.69
ACRES, LOCATED INTO SIXTY-TWO (62) RESIDENTIAL SINGLE HOUSEHOLD TOWNHOME LOTS, PARK, AND OPEN SPACE TRACTS ON PROPERTY DESCRIBED AS A PORTION OF LOT 6, SMITH SUBDIVISION, SITUATED IN THE
NORTHWEST ONE-QUARTER (NW ¼) OF SECTION 11, TOWNSHIP TWO SOUTH
(T2S), RANGE FIVE EAST (R5E), P.M.M., CITY OF BOZEMAN, GALLATIN
COUNTY, MONTANA.
WHEREAS, the City of Bozeman has adopted a growth policy pursuant to Section 76-1-
601, M.C.A.; and
WHEREAS, the City of Bozeman Planning Board has been created by Resolution of the Bozeman City Commission as provided for in Title 76-1-101, M.C.A.; and
WHEREAS, the property owner JBE, LLC, 1944 Durham Drive, Bozeman, MT 59718,
applicant Fortin Construction, LLC, P.O. Box 11811, Bozeman, MT 59719, represented by C &
H Engineering & Surveying, Inc., 1091 Stoneridge Dr., Bozeman, MT 59718 submitted a Major
Subdivision Preliminary Plat Application to subdivide 8.69 acres into 62 single-household residential townhome lots, one (1) Open Space lot, one (1) Park, and with the remaining area as street right of ways, located south of Durston Road along the proposed extension of Meriwether
Avenue. It is legally described as a portion of Lot 6, Smith Subdivision, located in the
Northwest One-Quarter (NW ¼) of Section 11, Township Two South (T2S), Range Five East
(R5E), P.M.M., Gallatin County, Montana.; and
WHEREAS, the proposed Major Subdivision Preliminary Plat Application has been properly submitted, reviewed, and advertised in accordance with the procedures of Section 38.03
of the Bozeman Unified Development Code; and
WHEREAS, the City of Bozeman Planning Board held a public hearing on Tuesday,
April 7, 2015 and continued the public meeting to April 21, 2015, to review the application and any written public testimony on the request for said Major Subdivision Preliminary Plat Application; and
WHEREAS, written comment and verbal were received from the public. Primary public
comment focused on the issues of the effects on safety, increased traffic volume, vehicular
speed, road design; curvilinear vs. right angles, adequacy of provided parking, preservation of the existing neighborhood character with greater density, quality of life impacts caused by potential renters, post party detritus, and the safety of children playing in street; and
WHEREAS, members of the City of Bozeman Planning Board discussed the proposed
preliminary plat application in regards to the character of the area and the intent of the
subdivision and zoning district; and
Valley Meadows Major Subdivision
2
WHEREAS, a member of the City of Bozeman Planning Board moved and seconded to
approve the Valley Meadows subdivision (time stamp 00:58:00); and
WHEREAS, a member of the City of Bozeman Planning Board moved to amend the
main motion (time stamp 01:00:25) to not accept cash-in-lieu or improvements-lieu of parkland was moved and seconded. The amendment passed on a 4 to 2 vote. The amendment passed. This
amendment makes condition of approval 9 irrelevant.
WHEREAS, a member of the City of Bozeman Planning Board moved to amend the
main motion to require an additional condition of approval requiring the Subdivider to perform a
traffic study after X number of lots were sold and/or developed to assess and potential installation of warranted traffic calming measures. The motion was seconded. After discussion
the motion was withdrawn.
WHEREAS, a member of the City of Bozeman Planning Board moved to bring back the
withdrawn motion by adding additional language (01:12:30) allowing the Subdivider to
voluntarily mitigate traffic impacts caused by the development. The motion included a condition of approval to require the Applicant to reserve funds to cover the cost of traffic study and the
installation of traffic calming features to be performed when a certain number of lots are sold to
including speed humps or other traffic mitigating as determined by Engineering. The motion
was moved and seconded. The amendment passed on a 5 to 1 vote. The amendment passed.
WHEREAS, the City of Bozeman Planning Board reviewed the application against the requirements of the Montana Subdivision and Platting Act and found that, as amended and with
conditions, the Major Subdivision Preliminary Plat Application would comply with those
requirements; and
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City of Bozeman Planning Board, having heard and considered public comment, adopted the findings presented in
the staff report for P-14062 and voted to recommend approval of the preliminary plat
application, as amended, with the conditions as outlined in the staff report, 5:1:
1. The plat shall conform to all requirements of the Bozeman Municipal Code and the
Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey and Subdivision Plats (24.183.1104 ARM) and shall be accompanied by all required
documents, including certification from the City Engineer that as-built drawings for
public improvements were received, a platting certificate, and all required and corrected
certificates. The Final Plat application shall include three (3) signed reproducible copies
on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies; one (1) PDF copy; and five (5) paper prints. The Gallatin County Clerk & Recorder’s office
has elected to continue the existing medium requirements of 2 mylars with a 1½” binding
margin on one side for both plats and COS’s. The Clerk and Recorder will file the new
Conditions of Approval sheet as the last same sized mylar sheet in the plat set.
2. 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.
Valley Meadows Major Subdivision
3
3. The applicant shall submit with the application for Final Plat review and approval, a
written narrative stating how each of the conditions of preliminary plat approval and
noted code provisions have been satisfactorily addressed, and shall include a digital copy
(pdf) of the entire Final Plat submittal. This narrative shall be in sufficient detail to direct
the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal.
4. The subdivider shall provide the necessary declaration and recitals to facilitate the
property owners’ association bylaws and/or declaration of covenants, conditions and
restrictions. Any cost sharing agreements for maintenance shall be included with the final
plat.
5. Prior to final plat approval, in conjunction with required or offered dedications, the subdivider (or owner of the property being subdivided if the owner is not the subdivider)
shall transfer ownership to the City of all dedicated parkland and any open space
proposed to be conveyed to the City and all its right, title, and interest in any
improvements made to such parkland or open space. For the transfer of real property, the
subdivider or owner of the property shall submit with the application for final plat a warranty deed or other instrument acceptable to the City Attorney transferring fee simple
ownership to the City. The subdivider or owner of the property must record the deed or
instrument at the time of recording of the final plat with the original of such deed
returned to the City. For personal property installed upon dedicated parkland or City
owned open space, the subdivider shall provide the City an instrument acceptable to the City Attorney transferring all its rights, title and interest in such improvements including
all applicable warranties to such improvements.
6. The final plat shall contain the following notation on the conditions of approval sheet in
the final plat: “Ownership of all common open space areas and trails, and responsibility
of maintenance thereof and for city assessments levied on the common open space lands shall be that of the property owners’ association. Maintenance responsibility shall
include, in addition to the common open space and trails, all vegetative ground cover,
boulevard trees and irrigation systems in the public right-of-way boulevard strips along
all external perimeter development streets and as adjacent to public parks or other
common open space areas. All areas within the subdivision that are designated herein as common open space including trails are for the use and enjoyment by residents of the
development and the general public. The property owners’ association shall be
responsible for levying annual assessments to provide for the maintenance, repair, and
upkeep of all common open space areas and trails. At the same time of recording the
final plat for the subdivision, the subdivider shall transfer ownership of all common open space to the property owners’ association created by the subdivider to maintain all
common open space areas within the Valley Meadows Subdivision.”
7. The certificate of dedication on the final plat shall include the specific names of the
streets dedicated to the public for which the City accepts responsibility which will
include Meriwether Avenue and Villard Street.
8. Documentation of compliance with the parkland dedication requirements of Section
38.27.020, BMC shall be provided with the final plat. A table showing the parkland
requirements for the subdivision and the method of meeting the parkland dedication shall
Valley Meadows Major Subdivision
4
be included on the final plat conditions of approval sheet. This table shall include but not
be limited to listing all dedicated parkland requirements, parkland or parkland credits and
areas not credited towards parkland (i.e., detention/retention areas, watercourse setbacks,
wetlands, common open space, parking facilities) and the total area of each. The final
plat, property owners’ association documents (POA), and park master plan may not include any reference to “dedicated” open space and Public Park; rather if the areas
designated as such on the preliminary plat are to be common open space owned by the
POA or a park owned by the POA, or a combination thereof the plat, POA documents
and park master plan must specifically designate them as common open space owned by
the POA, etc. unless the applicant intends to dedicate public parkland within the subdivision.
9. Park improvements in-lieu-of parkland dedication shall be a minimum of $76,000 based
on the fair market value of improvements and labor costs as shown on the park master
plan in excess of minimum standards under Section 38.27.080, BMC. Improvements in-
lieu do not include required parking improvements as required by Section 38.27.060.A.2(c), BMC. The final plat submittal shall include independent cost estimates
for installed requirement and associated labor cost. Any modifications from the approved
park plan and cash-in-lieu summary may require Commission review and approval.
10. A table shall be provided on the Conditions and Notes Sheet of the final plat showing the
amount of park area that has been provided for each parcel in each final plat.
11. If the City Commission allows cash-in-lieu of parkland dedication the final plat shall
include the Cash-in-lieu certificate to read substantially as follows:
CERTIFICATE ACCEPTING CASH DONATION IN-LIEU OF LAND
DEDICATION
In as much as dedication of park land within the platted area of Valley Meadows Major Subdivision would be undesirable for park and playground
purposes, it is hereby ordered by the city commission of the City of Bozeman,
that land dedication for park purposes be waived and that cash-in-lieu, in the
amount of ____________ dollars value in money or improvements, be accepted
in accordance with the provisions of the Montana, Subdivision and Platting Act (MCA 76-3-101 through 76-3-625) and the Bozeman Municipal Code.
DATED this ____________ day of ____________, ____________.
(Signature) _______________________________
12. The final plat for each phase shall include a transfer of private improvements certificate to read substantially as follows:
CERTIFICATE OF TRANSFER OF OWNERSHIP & COMPLETION OF NON-
PUBLIC IMPROVEMENTS
The following are hereby granted and donated to the property owners association noted below for their use and enjoyment: Common Open Space parcels
Valley Meadows Major Subdivision
5
designated with letters A, B, C, D, etc. Unless specifically listed in the Certificate
of Dedication, the city accepts no responsibility for maintaining the same. I,
(Subdivider), hereby further certify that the following non-public improvements,
required to meet the requirements of Chapter 38 of the Bozeman Municipal
Code, or as a condition(s) of approval of the subdivision plotted herewith, have been installed in conformance with any approved plans and specifications
prepared in accordance with the standards of Chapter 38 or other City design
standards, or have been financially guaranteed and are covered by the subdivision
improvements agreement accompanying and recorded with this plat.
Installed Improvements: (LIST ITEMS).
Financially Guaranteed Improvements: (LIST ITEMS OR STATE NONE).
The subdivider hereby grants ownership of all non-public infrastructure
improvements to the property owners association created by Document Number
______________________(To be filled in when recorded)
By: (Subdivider) Date: _____________________________ 13. Fences located in the front, side or rear yard setback of properties adjacent to any park or
publicly accessible open space shall not exceed a maximum height of four (4) feet, and
shall be of an open construction designed in a manner to be consistent along all park land
and open space areas. Proposed fencing shall conform to Section 38.23.130 “Fences,
Walls and Hedges.” This requirement with appropriate exhibits of fence types shall be addressed and illustrated in the property owner’s association documents. The documents
shall include a single fence style acceptable to the City for locations fronting any public
park.
14. Subdivision lighting SILD information shall be submitted to the Clerk of Commission
after Preliminary Plat approval in hard copy and digital form. The final plat application will not be deemed complete until the resolution to create the SILD has been approved by
the City Commission.
15. Any public street lighting installed by this development shall be LED.
16. Any required bicycle racks shall conform to the design standards found in Chapter 2.3.9
of the Greater Bozeman Area Transportation Plan, 2007 Update.
17. All stormwater facilities not on property dedicated to the City of Bozeman require public
utility easements for storm water facility maintenance. Separate document to be recorded
concurrent with plat and document number listed on the condition of approval sheet.
18. Street trees shall be planted in the locations identified on the Utility Services and
Boulevard Tree Spacing exhibit submitted at the request of DRC. A copy of this exhibit shall be included in the Covenants, Conditions & Restrictions for Valley Meadows
Subdivision to inform future property owners of the pre-authorized locations for initial or
replacement street tree planting.
19. The final plat shall provide all necessary utility easements and shall be described,
dimensioned and shown on each subdivision block of the final plat in their true and correct location. Any rear or side yard utility easements not provided will require written
Valley Meadows Major Subdivision
6
confirmation from ALL utility companies providing service indicating that rear or side
yard easements are not needed.
20. All Irrigation wells located within the exterior boundaries of the development shall
include Montana DNRC certificates which shall be provided to the City with the final
plat submittal. All wells shall include a meter or other device to determine consumption.
21. Prior to final plat approval, impact fees specified for fire, water, sewer and streets
deferred at the time of annexation shall be paid in accordance with the Leep Annexation
Agreement, dated November 29, 2012, and the Christenot Annexation Agreement dated
November 30, 2012.
22. Drainage plans shall be required for each lot as part of the building permit application.
23. 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.
24. All proposed private utilities to serve the subdivision shall be shown on the public
infrastructure plans and specifications.
25. Water rights or cash-in-lieu thereof shall be provided in accordance with Sec. 38.23.180 BMC Prior to final plat approval.
26. The property is in the Durston Road Improvement payback district. The payback shall be
made in accordance with Commission Resolution 4359 prior to final plat approval.
27. The property is in the Meadow Creek Sewer Payback District. The required payback
shall be made prior to final plat approval.
28. Prior to acceptance of publically owned infrastructure, the contractor shall provide a
Maintenance Bond with the developer/owner equal to 20% of the actual cost of the
improvements to correct any deficiencies in workmanship and/or materials which are
found during the two year warranty period. The City of Bozeman shall be named as dual
oblige on the bond.
29. Section 38.39.030 Completion of Improvements. If it is the developer’s intent to file the
plat prior to the completion of all required improvements, an Improvements Agreement
shall be entered into with the City of Bozeman guaranteeing the completion of all
improvements in accordance with the preliminary plat submittal information and
conditions of approval. If the final plat is filed prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable
method of security equal to 150 percent of the cost of the remaining improvements.
30. The proposed improvements to the proposed park are not eligible to be financially
guaranteed and must be installed and accepted in writing by the City Department of Parks
and Recreation prior to submittal of the final plat application.
31. The Conditions and Notes sheet of the final plat shall contain the following language that is readily visible with lettering, at a minimum size of 12 point type, placing future
landowners of individual lots on notice of the obligation to install sidewalks:
“City standard sidewalks (including a concrete sidewalk section through all
private drive approaches) shall be constructed on all public and private street
Valley Meadows Major Subdivision
7
frontages prior to occupancy of any structure on individual lots. Upon the third
anniversary of the plat recordation of any phase of the subdivision, any lot
owner who has not constructed the required sidewalk shall, without further
notice, construct within 30 days, the sidewalk for their lot(s), regardless of
whether other improvements have been made upon the lot.”
CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS
A. None were identified.
DATED THIS DAY OF , 2015 Resolution #P-14062
_____________________________ ____________________________ Erik Garberg, President Tom Rogers, AICP City of Bozeman Planning Board Department of Community Development