HomeMy WebLinkAbout05-22-17 City Commission Packet Materials - C2. Flanders Mill Phase 3 Final Plat
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Tim Cooper, Assistant City Attorney Chris Saunders, Policy and Planning Manager
SUBJECT: Approve the Final Plat for Flanders Mill – Phase 3 Subdivision and authorize
the Director of Public Works to execute the same on behalf of the City of Bozeman and the Director
of Community Development to execute the improvements agreement on behalf of the City of Bozeman and authorize the interim City Manager to sign the perpetual access agreement. Application 17193.
MEETING DATE: May 22, 2017
AGENDA ITEM TYPE: Consent
RECOMMENDATION: That the City Commission approve the Final Plat for Flanders Mill
Phase 3 Subdivision and authorize the Director of Public Works to execute the same on behalf of
the City of Bozeman and the Director of Community Development to execute the improvements agreement on behalf of the City of Bozeman.
BACKGROUND: On September 8, 2014, the Bozeman City Commission conducted their review
of the Preliminary Plat application for Flanders Mill Subdivision and voted 5-0 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 Chris
Saunders, stating the staff has concluded that all terms and conditions of the preliminary plat
approval have been met.
There are three improvement agreements associated with this final plat. One for Flanders Mill
Road, one for sidewalks for individual lots, and one for common open space improvements and
9
internal street punchlist items. A building permit restriction will apply until required internal
street improvements are completed.
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: May 15, 2017
Attachments: Final Plat Improvements Agreements Perpetual access easement
Staff Memorandum
10
11
PH-3
FUTURE PHASE 4
PHASE 2PHASE 112
Block R-3 OS ROW Grand Total
7 62,776 15,693 78,469
8 78,734 119,740 198,474
9 70,094 17,520 87,614
10 70,124 84,948 155,072
N/A 182,032 182,032
TOTAL 281,728 237,901 182,032 701,661
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
MEMORANDUM
TO: TIM COOPER, ASSISTANT CITY ATTORNEY ROBIN CROUGH, CITY CLERK
FROM: CHRIS SAUNDERS, AICP
SUBJECT: FINAL PLAT REVIEW FOR THE FLANDERS MILL PHASE 3 MAJOR
SUBDIVISION, PLANNING FILE NO. 17193
DATE: MAY 15, 2017
C&H Engineering, on behalf of Flanders Mill, LLC (Applicant), has made application to the City of Bozeman Department of Community Development for Final Plat review and approval for the Flanders Mill Phase 3 a Major Subdivision, a 31 lot subdivision. Attached is a copy of the Findings of Fact and Order. The Commission approved the Finding of fact on September 8, 2014. Three Improvement Agreements is required for this subdivision. Agreements are for the installation of internal sidewalks; installation of internal street, perimeter sidewalks, and open space improvements; and Flanders Mill Road. All other necessary infrastructure improvements are constructed. Flanders Mill Road is the subject of a cost share agreement with the City. The improvements agreement is for the applicant’s share. 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. Three (3) original mylars of the Final Plat, original Platting Certificate, improvement agreements, deed, 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 were previously recorded 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 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 plat.
44
Page 2 of 2
A completed application was submitted to the Community Development Department on May 15, 2017. Based on the applicant having submitted a complete application on May 15, 2017 for final plat review and approval, and further finding that after receiving supplemental information Improvement Agreement Application, application fees, payment for cash-in-lieu of water payment, Improvement Agreement and financial security mechanism the application was deemed complete on May 15, 2017, the 45-day (working days) review period for this final plat would expire on
July 18, 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 subdivision improvements agreements are required for uninstalled sidewalks and street. We have the agreements in hand and the financial guarantees will be provided by irrevocable standby Letter of Credit. The LOC appear to meet the require form.
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. The project is scheduled for consideration by the City Commission on May 22, 2017. Please let me know if this will not work. Attachments: Three (3) Mylar Final Plats and One (1) Blackline Copy Applicant’s Written Narrative and Complete Submittal Original Platting Certificate Original Quit Claim deed to HOA for open spaces, Improvements Agreements (3) Letters of credit (3) Public Access Easement Copy of Findings of Fact and Order Notice of Building Permit Restriction cc: file
45