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Home My WebLink About02-03-20 City Commission Packet Materials - C4. Final Plat for Boulder Creek Phase 3 SubdivisionCommission Memorandum REPORT TO: Mayor and City Commission FROM: Tim Cooper, Assistant City Attorney Danielle Garber, Associate Planner SUBJECT: Approve the Final Plat for the Boulder Creek Phase 3 Subdivision and authorize the Director of Public Works to execute the same on behalf of the City of Bozeman; the Director of Community Development to execute the improvements agreements on behalf of the City of Bozeman. Application 19233. STRATEGIC PLAN: 4.2 High Quality Urban Approach. Continue to support high quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. MEETING DATE: February 3, 2020 AGENDA ITEM TYPE: Consent RECOMMENDATION: Approve the Final Plat for the Boulder Creek Phase 3 Subdivision and authorize the Director of Public Works to execute the same on behalf of the City of Bozeman; the Director of Community Development to execute the improvements agreements on behalf of the City of Bozeman. BACKGROUND: On July 21, 2014, the Bozeman City Commission conducted their review of the Preliminary Plat application for Boulder Creek Major Subdivision and voted unanimously to 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 Danielle 24 Garber, Associate Planner, stating the staff has concluded that all terms and conditions of the preliminary plat approval have been met. Improvements Agreements are required for final plat approval of this subdivision. The improvements agreements guarantee the installation of sidewalks fronting the 21 residential lots, and park and open space improvements including a trail, pavilion, and landscaping. The sidewalks improvements agreement guarantees the sidewalks will be installed within thirty-six (36) months of the filing of the final plat. The landscaping improvements agreement guarantees the park and open space improvements will be installed within twelve (12) months of the filing of the final plat. Two cash guarantees in the amounts of $95,699.18 for sidewalks, and $94,669.04 for landscaping were received. All other necessary infrastructure improvements are constructed. The signed findings of fact can be viewed at this link: http://weblink.bozeman.net/WebLink8/0/doc/78566/Electronic.aspx 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: January 16, 2020 Attachments: Staff Memo Final Plat 25 MEMORANDUM ---------------------------------------------------------------------------------------------------------- TO: TIM COOPER, ASSISTANT CITY ATTORNEY MIKE MAAS, INTERIM CITY CLERK FROM: DANIELLE GARBER, ASSOCIATE PLANNER RE: FINAL PLAT REVIEW FOR THE BOULDER CREEK PHASE 3 SUBDIVISION FINAL PLAT, PLANNING FILE NO. 19233 DATE: JANUARY 16, 2020 ---------------------------------------------------------------------------------------------------------- Rosa Johnson Development, LLC (Applicant), made application to the City of Bozeman Department of Community Development for Final Plat review and approval for Boulder Creek Phase 3 Subdivision Final Plat to create twenty one (21) residential lots and four (4) open space lots. Attached is a copy of the Findings of Fact and Order. The Commission approved the Findings of Fact on July 21, 2014. Major multi-phased subdivision approvals are valid for three years plus extensions. An Improvements Agreement is required for this subdivision for the following improvements: Lot front sidewalks for 21 residential lots and four common open space lots, and park and open space landscaping, trail and pavilion improvements. 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, property owner association documents, improvements agreements and letters of credit, quitclaim deed for transfer of the open space lots to the POA, a public access easement for open space trails, a lift station agreement, 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. A completed application was submitted to the Community Development Department on December 20, 2019, it was deemed adequate on December 30, 2019. The final plat review must complete review within a 20-day (working days) review period. The review period begins once the signed mylars are received. 26 Page 2 of 2 The conditions of preliminary plat approval, which are pertinent to this minor subdivision and how they have been met, are described in the submittal materials. 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 February 3, 2020. Materials for the agenda will be uploaded January 23, 2020. Please let me know if this will not work. Attachments: Three (3) Mylar Final Plats Original Platting Certificate Property Owner Association Documents Improvements Agreements w/ Attached Original LOC’s Quitclaim Deed Open Space Public Access Easement Lift Station Agreement Applicant’s Written Narrative Findings of Fact cc: File 27 ” 28 29 30