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HomeMy WebLinkAbout04-10-17 City Commission Packet Materials - C3. Westbrook Major Subdivision 2-4 Final Plat1 REPORT TO: Mayor and City Commission FROM: Tim Cooper, Assistant City Attorney Chris Saunders, Policy and Planning Manager SUBJECT: Approve the Westbrook Major Subdivision Phases 2-4 Final Plat and authorize the Director of Public Works to Execute the Same on Behalf of the City of Bozeman, and authorize the Director of Community Development to execute the associated improvement agreements, and authorize the City Manager to execute the public access easement. Application 16525. MEETING DATE: April 10, 2017 AGENDA ITEM TYPE: Consent RECOMMENDATION: The City Commission approve the Westbrook Major Subdivision Phases 2-4 Final Plat, Application 16525 and authorize the Director of Public Works to execute the same on behalf of the City of Bozeman and authorize the Director of Community Development to execute the associated improvement agreements upon review and approval by the City Attorney’s Office. BACKGROUND: On July 14, 2014, the City Commission approved the findings of fact completing the preliminary plat approval to subdivide 33.5685 acres into 62 single-household lots, one multi- household lot, park, open space, and streets in four phases. The City Commission approved the preliminary plat on April 14, 2014. The developer has applied for final plat review and approval. Staff has concluded that the final plat meets all required terms and conditions. Two improvements agreements for the future installation of sidewalks ($155,175) and landscaping, park improvements, and fencing ($180,166.38) are included. The appropriate financial guarantee was received. A restriction on issuance of building permits in Phase 4 due to inadequate capacity in the Laurel Glen lift station will be included with the documents recorded with the final plat. The restriction will be lifted when additional capacity is available. The final park plan was approved at the same time as the final plat of the first phase. 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. Commission Memorandum 13 2 Attachments: Legal Memo Final Plat Public Access Easement Findings of Fact & Order as web link Report compiled on March 27, 2017 14 MEMORANDUM TO: GREG SULLIVAN, CITY ATTORNEY ROBIN CROUGH, CITY CLERK FROM: CHRIS SAUNDERS SUBJECT: FINAL PLAT REVIEW FOR THE WESTBROOK MAJOR SUBDIVISION- PHASES 2-4, PLANNING FILE NO. 16525 DATE: MARCH 15, 2017 C&H Engineering, on behalf of Westbrook Development LLC. (Applicant), has made application to the City of Bozeman Department of Community Development for Final Plat review and approval for the Westbrook Major Subdivision – Phases 2-4, including 41 residential lots, 1 park lot , and three (3) open space lots. The Westbrook subdivision is a four phase subdivision of which the first phase has already received final plat approval. The remaining three phases comprise 28.8704 acres. The preliminary plat application was File No. P13047. Parkland was provided by dedication and easement with the first phase. A dedication to the City as a separate tract for the area included with the park easement with phase 1 is occurring with this final plat. Attached is a copy of the Findings of Fact and Order. The Commission approved the Findings of Fact on July 14, 2014. An Improvement Agreement is required for this subdivision for the installation of sidewalks and a second improvement agreement for landscaping improvements. All other necessary infrastructure improvements are constructed. An analysis of sewer capacity in the Laurel Glen lift station is still underway. At this point, a restriction on the development of phase 4 would keep density within the development within the capacity of the lift station. Therefore, a building permit for phase 4 is included with this application. If additional analysis of sewer capacity shows it to be unnecessary it will be withheld and not recorded. 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, original Platting Certificate, copy of the property owner association documents, copy of waiver right to protest special improvement districts, Copies of two 15 Page 2 of 2 (2) improvement agreements with Letters of Credit, and a copy of the Findings of Fact and Order 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 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 December 12, 2016 and amended several times. Based on the applicant having submitted a complete application on March 15, 2017 for final plat review and approval, and further finding that after receiving revised materials the application will be deemed complete on receipt of updated letters of credit and platting certificate. Assuming receipt by March 22, 2017, the 45-day (working days) review period for this final plat would expire on May 24, 2017. The conditions of preliminary plat approval, which are pertinent to this major subdivision and how they have been met are described in the submittal materials. An exception to this are that it was determined that a subdivision improvements agreements are required for uninstalled sidewalks and landscaping. We have that agreement in hand and the financial guarantee will provided by irrevocable standby Letter of Credit from Big Sky Western Bank. 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 and One (1) Blackline Copy Applicant’s Written Narrative and Complete Submittal Original Platting Certificate (updated document to be provided) Deed for park lot Realty Transfer Certificate for park deed Deed for open spaces Realty Transfer Certificate for open space Waiver of Right to Protest SID, signed original Public access easement Two (2) Signed Improvements Agreements Sample of letter of credit (see tabs 13 and 14 in the file) Building permit restriction for phase 4 Copy of Findings of Fact and Order Authorization for signatures cc: file 16 17 18 19 20 21