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Home My WebLink About04-17-17 City Commission Packet Materials - C4. Final Plat for West Winds Phase 7 and 8 Commission Memorandum REPORT TO: Mayor and City Commission FROM: Tim Cooper, Assistant City Attorney Addi Jadin, Associate Planner SUBJECT: Final Plat for West Winds Subdivision Phases 7 & 8 MEETING DATE: April 17, 2017 AGENDA ITEM TYPE: Consent RECOMMENDATION: That the City Commission approve the Final Plat for Phases 7 & 8 of the West Winds Subdivision, 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 improvements agreements on behalf of the City of Bozeman. BACKGROUND: On March 23, 2015, the Bozeman City Commission conducted their review of the Preliminary Plat application for West Winds Subdivision Phases 7 & 8 and voted 4-0 to conditionally approve the preliminary plat application. §76-3-611(1), MCA, provides that the City Commission shall approve the plat only if: (a) it conforms to the conditions of approval set forth on the preliminary plat and to the terms of this chapter and regulations adopted pursuant to this chapter; and (b) the county treasurer has certified that all real property taxes and special assessments assessed and levied on the land to be subdivided have been paid. The County Treasurer has certified that all real property taxes and special assessments assessed and levied on the land to subdivide have been paid. Attached is a memorandum from Addi Jadin, Associate Planner, stating the staff has concluded that all terms and conditions of the preliminary plat approval have been met. Improvement Agreements are required for this subdivision for the installation of sidewalks adjacent to private lots and for landscaping and landscape irrigation in the common open space lots—2 Improvement Agreements are required for each Phase (4 total). Cash in-lieu of capital facilities has been proposed as payment for required improvements of Baxter Lane and an application to modify preliminary plat condition #17 (P14063) was approved 85 by the City Commission at a public meeting held April 10, 2017. The change allows building permits to be issued upon approval of the final plat. All other necessary infrastructure improvements are constructed. UNRESOLVED ISSUES: None identified. ALTERNATIVES: None suggested or proposed. 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. Report compiled on: April 11, 2017 Attachments: Staff Memorandum Final Plat Findings of Fact as weblink 86 MEMORANDUM TO: GREG SULLIVAN, CITY ATTORNEY ROBIN CROUGH, CITY CLERK FROM: ADDI JADIN, ASSOCIATE PLANNER SUBJECT: FINAL PLAT REVIEW FOR WEST WINDS MAJOR SUBDIVISION PHASES 7 AND 8, PLANNING FILE NO. 16540 DATE: MARCH 16, 2017 Dowl HKM, on behalf of Mahar Montana Homes, LLC (Applicant), has made application to the City of Bozeman Department of Community Development for Final Plat review and approval for the West Winds Major Subdivision Phases 7 & 8 (Phase 7 would create 43 residential lots, 2 common open space lots, 1 restricted lot and streets; Phase 8 would create 17 residential lots, 2 common open space lots and streets). Attached is a copy of the Findings of Fact and Order. The Commission approved the Findings of Fact on April 27, 2015. Improvement Agreements are required for this subdivision for the installation of sidewalks adjacent to private lots and for landscaping and landscape irrigation in the common open space lots—2 Improvement Agreements are required for each Phase (4 total). Cash in-lieu of capital facilities has been proposed as payment for required improvements of Baxter Lane and an application to modify preliminary plat condition #17 (P14063) has been received by the Department of Community Development requesting to revise the language requiring improvements completion prior to issuance of a building permit. All other necessary infrastructure improvements are constructed. Based on the summary review provided below, the City Engineering 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. For each Phase, three (3) original mylars of the Final Plat, original Platting Certificate, property owner association documents, improvement agreements, and a copy of the Findings of Fact and Order are attached for your review. The Community Development staff respectfully requests that you prepare City Attorney's Certificates using the attached original Platting Certificates as updated; 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 plats. 87 Page 2 of 2 A completed application was submitted to the Community Development Department on March 9, 2017. Based on the applicant having submitted a complete application on March 9, 2017 the application was deemed complete on March 15, 2017, the 45-day (working days) review period for this final plat would expire on May 17, 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… Note: The Community Development Department and Engineering Department 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. The project is scheduled for consideration by the City Commission on March 17, 2017. Please let me know if this will not work. Attachments: Phase 7: Three (3) Mylar Final Plats and One (1) Blackline Copy Original Platting Certificate Improvements Agreements (2) Phase 8: Three (3) Mylar Final Plats and One (1) Blackline Copy Original Platting Certificate Improvements Agreements (2) Applicant’s Written Narrative and Complete Submittal • A Copy of Waiver of Right to Protest Creation of Park Maint. District is included in the application submittal (Appendix 4). This item was not a Condition of Approval; however, if applicants intend to file along with Plats, an original will be provided. • Copy of the property owner association documents (Appendix 7) • Public Use Easement and Temporary Construction Easement (Appendix 9) Maintenance Bond Copy of Findings of Fact and Order Open Space deeds (Realty Transfer Certificates will be forwarded once received from applicant) cc: file 88 WEST WINDS SUBDIVISION BOZEMAN, MONTANA 4 WEST WINDS MAJOR SUBDIVISION PHASE 7 FINAL PLAT 1 ” ” ” ” ” www.dowlhkm.com406-586-8834 89 Δ Δ Δ WEST WINDS SUBDIVISION BOZEMAN, MONTANA www.dowlhkm.com406-586-8834 4 WEST WINDS MAJOR SUBDIVISION PHASE 7 FINAL PLAT 2 90 WEST WINDS SUBDIVISION BOZEMAN, MONTANA www.dowlhkm.com406-586-8834 4 WEST WINDS MAJOR SUBDIVISION PHASE 7 FINAL PLAT 3 91 WEST WINDS SUBDIVISION BOZEMAN, MONTANA www.dowlhkm.com406-586-8834 4 WEST WINDS MAJOR SUBDIVISION PHASE 7 FINAL PLAT 4 92 WEST WINDS SUBDIVISION BOZEMAN, MONTANA www.dowlhkm.com406-586-8834 3 WEST WINDS MAJOR SUBDIVISION PHASE 8 FINAL PLAT 1 ” ” ” ” ” ” 93 WEST WINDS SUBDIVISION BOZEMAN, MONTANA www.dowlhkm.com406-586-8834 WEST WINDS MAJOR SUBDIVISION PHASE 8 FINAL PLAT 3 2 94 WEST WINDS SUBDIVISION BOZEMAN, MONTANA www.dowlhkm.com406-586-8834 3 WEST WINDS MAJOR SUBDIVISION PHASE 8 FINAL PLAT 3 95