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HomeMy WebLinkAbout08-06-18 City Commission Packet Materials - C4. Final Plat for Boulder Creek Phase 1 Major SubdivisionReport compiled on: July 26, 2018 Attachments: Final Plat, Staff Memorandum Commission Memorandum REPORT TO: Mayor and City Commission FROM: Tim Cooper, Assistant City Attorney Tom Rogers, Senior Planner SUBJECT: Final Plat for the Boulder Creek Phase 1 Major Subdivision MEETING DATE: August 6, 2018 AGENDA ITEM TYPE: Consent RECOMMENDATION: That the City Commission approve the Final Plat for the Boulder Creek Phase 1 Major Subdivision and authorize the Director of Public Works to execute the same on behalf of the City of Bozeman. BACKGROUND: The City Commission granted preliminary plat approval for the Boulder Creek Subdivision on July 21, 2014. §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 Tom Rogers, Senior Planner, stating that staff has concluded that all terms and conditions of the preliminary plat approval have been met. Two improvements agreement are required for final plat approval of this subdivision. The improvements agreement guarantees the installation of sidewalks along private lots and required street improvements, lighting, and landscaping. Irrevocable standby letter of credits in the amount not to exceed $146,788.58 and $221,077.61 respectively, have been provided for financial security. All other necessary infrastructure improvements are constructed. UNRESOLVED ISSUES: None identified. ALTERNATIVES: None suggested or proposed. 44 Report compiled on: July 26, 2018 Attachments: Final Plat, Staff Memorandum 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. 45 MEMORANDUM TO: GREG SULLIVAN, CITY ATTORNEY ROBIN CROUGH, CITY CLERK FROM: TOM ROGERS, AICP SUBJECT: FINAL PLAT REVIEW FOR THE BOULDER CREEK, PHASE 1 MAJOR SUBDIVISION, APPLICATION NO. 18149 DATE: JULY 16, 2018 C&H Engineering & Surveying on behalf of Rosa Johnson Development, LLC (Applicant), has made application to the City of Bozeman Department of Community Development for Final Plat review and approval for the Boulder Creek, Phase 1, a 28 lot subdivision with streets and one restricted lot for future development. Attached is a copy of the Findings of Fact and Order. The Commission approved the Finding of fact on September 8, 2014. Two Improvement Agreement is required for this subdivision for the installation of lot frontage sidewalks, street improvements, lighting, and required landscaping. 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. Three (3) original mylars of the Final Plat, original Platting Certificate, improvement agreements, deed, Real Estate Transfer Certificate, lift station agreement, public access easement, 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. An application was submitted to the Community Development Department on April 4, 2018 and deemed unacceptable for continued review on April 20, 2018. A revise submittal was submitted on June 5, 2018 and revised letter of credits on July 13, 2018. Based on the applicant having 46 Page 2 of 2 submitted a complete application on July 13, 2018 for final plat review the application was deemed complete on July 13, 2018 the 45-day (working days) review period for this final plat would expire on September 17, 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. An exception to this are that it was determined that a subdivision improvements agreements are required for uninstalled sidewalks, lighting, street improvements, and landscaping. We have two improvement agreements in hand and the financial guarantee will be provided by irrevocable standby Letter of Credit. 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 August 6, 2018. 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 Common Open Space Quitclaim Deed and Realty Transfer Certificate Original Public Access Easement for Common Open Spaces Boulder Creek Articles of Incorporation & Covenants Improvements Agreements copy Letters of credit copy Copy of Findings of Fact and Order cc: file 47 48 49 50 WESTBROOK SUBDIVISION51 52 53