HomeMy WebLinkAbout06-25-18 City Commission Packet Materials - C6. Final Plat for the Opportunity Subdivision Report compiled on: June 6, 2018
Attachments: Final Plat, Staff Memorandum
Commission Memorandum
REPORT TO: Mayor and City Commission
FROM: Tim Cooper, Assistant City Attorney
Melissa Pope, Assistant Planner
SUBJECT: Final Plat for Opportunity Sub-Division, Major Subdivision
MEETING DATE: June 25, 2018
AGENDA ITEM TYPE: Consent
RECOMMENDATION: That the City Commission approve the Final Plat for the
Opportunity Major Sub-Division, Application 17559, 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 improvements agreement on behalf of the City of Bozeman.
BACKGROUND: On January 9, 2017, the Bozeman City Commission conducted their review
of the Preliminary Plat application for Opportunity Major Sub-Division and voted unanimously
to conditionally approve the preliminary plat application. This is a major subdivision of a tract of
record consisting of approximately 20.333 acres to create 6 lots.
§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. Staff has concluded that all terms and
conditions of the preliminary plat approval have been met.
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.
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MEMORANDUM
TO:
GREG SULLIVAN, CITY ATTORNEY
ROBIN CROUGH, CITY CLERK
FROM: MELISSA POPE, ASSISTANT PLANNER
SUBJECT: FINAL PLAT REVIEW FOR OPPORTUNITY SUB-DIVISION MAJOR SUBDIVISION, APPLICATION 17559
DATE: JUNE 6, 2018
Madison Engineering LLC, on behalf of the Bozeman 6, LLC (Applicant) has made application to the City of Bozeman Department of Community Development for Final Plat review and approval for the Opportunity Major Sub-Division, a six lot major subdivision. The final plat is scheduled for consideration by the City Commission on June 18, 2018. The final plat will result in an approximately 20.333-acre tract of record to be subdivided to create six lots: five (5) lots for commercial development, and one (1) lot is for a stormwater deterntion facility and the construction of Kimberwicke Street. Bozeman City Commission considered the Opportunity Major Sub-Division preliminary plat at the public meeting held on January 9, 2017. On February 13, 2017 the Commission granted Opportunity Major Sub-Division preliminary plat approval for six lots and dedicated rights of way. Attached is a copy of the signed Findings of Fact and Order dated February 13, 2017. 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; as a result, we find that the final plat application may be approved by the City Commission. Three (3) original mylars of the final plat, copy of the applicant’s narrative, original platting certificate, copy of the improvements agreement and approved estimate, copy of the check provided financially guaranteeing the improvements, a copy of the Findings of Fact and Order, and a copy of the covenants and bylaws to be filed are attached for your review. The property owner’s association documents and other applicable documents will be recorded at the Gallatin County Clerk and Recorder’s Office.
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Community Development Staff respectfully requests that you prepare a City Attorney's Certificate using the attached original Platting Certificate as updated, and 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. The Community Development Department received the Final Plat application on November 29, 2017 yet corrections were required and supplemental information needed to be provided in order for the application to be considered complete; additional information was received March 29, 2018, May 24 and again on May 31. Upon receiving these items, Staff deemed the application complete on May 31, 2018. As such, the 45 working day review period for this final plat would
expire on August 3, 2018. 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. The financial guarantee has been provided in the form of a check from Madison Engineering, LLC. An Improvements Agreement is required for this subdivision for seeding Lot 6 and the adjacent boulevard.
Note: The Planning and Engineering Divisions reviewed the final plat application against the preliminary plat cited code provisions and found compliance with these code requirements. The Engineering Division 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;
Original Platting Certificate;
Copy of Improvements Agreement and approved cost estimate;
Copy of Findings of Fact and Order; and
Copy of Codes, Covenants and Restrictions Copy of recorded mutual access easement and agreement (doc. 2608753) Copy of recorded mutual access easement and agreement (doc. 2608754) Copy of Waivers of Right to Protest creation of Special Improvements District (doc. 2609337 Copy of Commission Resolution No. 4882 (Lighting District no. 742) cc: file
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