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HomeMy WebLinkAboutC2. Cowdrey-Kagy Final Plat1 REPORT TO: Honorable Mayor and City Commission FROM: Tim Cooper, Assistant City Attorney Wendy Thomas, Director of Community Development SUBJECT: Approve the Cowdrey-Kagy Minor Subdivision Final Plat Application 16216 MEETING DATE: June 20, 2016 AGENDA ITEM TYPE: Consent RECOMMENDATION: That the City Commission approve the Final Plat for the Cowdrey-Kagy Minor Subdivision Final Plat Application 16216 and authorize the Director of Public Works to execute the same on behalf of the City of Bozeman upon review and approval by the City Attorney’s Office. BACKGROUND: On May 9, 2016, the City Commission approved the findings of fact completing the preliminary plat approval to subdivide an existing 4.995 acre high density residential lot into two high density residential lots. The developer has applied for final plat review and approval for the Cowdrey-Kagy Minor Subdivision. The preliminary plat was approved (5:0) by the City Commission on April 25, 2016. Staff has concluded that all terms and conditions of the preliminary plat approval have been met. An Improvements Agreement has been completed for this subdivision, specifically for the installation of public sidewalk and the replacement of a driveway access on the frontage of Lot 1 along Kagy Boulevard. The appropriate financial guarantee has been received. UNRESOLVED ISSUES: None determined at this time. ALTERNATIVES: 1) Approve the final plat as presented and recommended. 2) Deny the final plat. 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. Attachments: Legal Memo; Final Plat; Findings of Fact Report compiled on June 13, 2016 Commission Memorandum 42 MEMORANDUM TO: TIM COOPER, ASSISTANT CITY ATTORNEY ROBIN CROUGH, CITY CLERK FROM: MITCH WERBELL, ASSISTANT PLANNER SUBJECT: FINAL PLAT REVIEW FOR THE COWDREY-KAGY MINOR SUBDIVISION, APPLICATION 16216 DATE: June 3, 2016 Madison Engineering, LLC, on behalf of MJC/Kagy LLC (applicant and property owner), has made application to the City of Bozeman Department of Community Development for Final Plat review and approval for the Cowdrey-Kagy Minor Subdivision, a two lot minor subdivision. The Cowdrey-Kagy minor subdivision will subdivide an existing 4.995 acre parcel to create two high density residential lots. Attached is a copy of the signed Findings of Fact and Order dated May 9, 2016. An Improvement Agreement is required for this subdivision for the installation of sidewalks and the replacement of a driveway access on Lot 1. All other necessary infrastructure improvements are constructed. An executed improvements agreement and financial guarantee, an irrevocable standby Letter of Credit have been received. Based on the summary review provided below the Development Review Committee, the City Engineering’s Department and Department of Community Development have reviewed the application against the conditions of preliminary plat approval; and as a result, find that the final plat application may be approved by the City Commission. Three (3) original mylars of the Final Plat, copy of application and applicant’s written narrative, original Platting Certificate, copy of the property owner association documents, copy of the Findings of Fact and Order, copy of the property owner’s association documents, copy of the SID waiver, copy of Improvements Agreement and copy of Letter of Credit are attached for your review. The property owner’s association documents and other applicable documents will be recorded and filed with the final plat at the Clerk and Recorder’s Office. The Community Development staff respectfully requests that you prepare a City Attorney's Certificate using the attached original Platting Certificate; approve the 43 Certificates of Director of Public Works and Certificate of Completion "as to form". The final City signatures will be obtained once the City Commission has approved the final plat. An application was submitted to the Community Development Department on May 13, 2016 and amended on May 31, 2016. Based on the applicant having submitted a complete application on May 31, 2016 for final plat review and approval, and further finding that after receiving supplemental information Improvement Agreement Application, application fees, Improvement Agreement and financial security mechanism the application was deemed complete on May 31, 2016, the 45- day (working days) review period for this final plat would expire on August 2, 2016. The item has been submitted for City Commission action on June 27, 2016. The conditions of preliminary plat approval, which are pertinent to this minor subdivision and how they have been met are described in the submittal materials. Note: The Community Development Department and Engineering Departments have also reviewed the final plat application against the preliminary plat cited code provisions and found compliance with these code requirements. The Engineering Department has also reviewed and approved the “closure” of the final plat. Attachments: Three (3) Mylar Final Plats Applicant’s Written Narrative and Application Original Platting Certificate Copy of Findings of Fact and Order Copy property owner’s association documents Copy Waiver of Right to Protest SID Copy Signed Improvements Agreement Copy Letter of Credit 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70