The URL can be used to link to this page

Home My WebLink About08-18-20 City Commission Packet Materials - C4. Final Plat for Gran Cielo Phase 1 App 19472 Commission Memorandum REPORT TO: Mayor and City Commission FROM: Tim Cooper, Assistant City Attorney Danielle Garber, Associate Planner SUBJECT: Approve the Final Plat for the Gran Cielo Phase 1 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 19472. 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: August 18, 2020 AGENDA ITEM TYPE: Consent RECOMMENDATION: Approve the Final Plat for the Gran Cielo Phase 1 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 June 18, 2018, the Bozeman City Commission conducted their review of the Preliminary Plat application for the Gran Cielo Subdivision, application no. 17522, and voted unanimously to approve the preliminary plat application. Subsequent to the preliminary plat approval by the City Commission in 2018, the applicant proposed the removal of the second park in Phase 4, Block 14 which triggered a new preliminary plat review cycle, reviewed as application no. 19219. The applicant proposed changes that include approximately 21 units be placed on lot 4 where the second park was previously approved, and revisions to the master park plan that included enhanced amenities as improvements-in-lieu being used to make up the difference. This revised Preliminary Plat application was reviewed by the City Commission on September 23, 2019 and was approved by a unanimous vote. The findings of fact for both applications is linked below. §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 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 all lots, the installation of the public irrigation well, park landscaping improvements, and roadway striping. 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 irrigation well improvements will be installed within twelve (12) months of the filing of the final plat. All other necessary infrastructure improvements are constructed. The applicant is still preparing the executed improvements agreement for the public irrigation well. Once received, the agreement will be reviewed by staff for compliance. The signed Findings of Fact for Preliminary Plat Application no. 17522 can be viewed at this link and is attached: http://weblink.bozeman.net/WebLink8/0/doc/161403/Electronic.aspx The signed Findings of Fact for Preliminary Plat Application no. 19219 can be viewed at this link and is attached: http://weblink.bozeman.net/WebLink8/0/doc/200429/Electronic.aspx UNRESOLVED ISSUES: None 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: August 7, 2020 Attachments: Staff Memo Final Plat MEMORANDUM ---------------------------------------------------------------------------------------------------------- TO: TIM COOPER, ASSISTANT CITY ATTORNEY MIKE MAAS, CITY CLERK FROM: DANIELLE GARBER, ASSOCIATE PLANNER RE: FINAL PLAT REVIEW FOR THE GRAN CIELO PHASE 1 SUBDIVISION FINAL PLAT, PLANNING FILE NO. 19472 DATE: AUGUST 7, 2020 ---------------------------------------------------------------------------------------------------------- Bozeman Haus, LLC (Applicant), made application to the City of Bozeman Department of Community Development for Final Plat review and approval for the Gran Cielo Phase 1 Subdivision Final Plat to create sixty-two (62) residential lots, and one (1) city park lot. Attached is a copy of the Findings of Fact and Order from both Preliminary Plat Applications, numbers 17522, and 19219 for Gran Cielo Subdivision. The Commission approved the Findings of Fact on June 18, 2018 and September 23, 2019. Major multi-phased subdivision approvals are valid for three years plus extensions. An Improvements Agreement is required for this subdivision for the following improvements: the installation of sidewalks fronting all lots, roadway striping, and the installation of the public irrigation well, and park improvements. The applicant is still preparing the executed improvements agreement for the public irrigation well. Once received, the agreement will be reviewed by staff for compliance, see details in the attachments list below. 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 (with exceptions listed below), warranty deed for transfer of the park to the City of Bozeman, Gran Cielo Master Covenants, SID waiver of right to protest, roadway and utility easements, and a copy of both 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 and the unresolved issue listed above is resolved. 30 Page 2 of 2 A completed application was submitted to the Community Development Department on July 29, 2020, it was deemed adequate on July 29, 2020. 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. The conditions of preliminary plat approval, which are pertinent to this 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 August 18, 2020. Materials for the agenda will be uploaded today (August 7, 2020). Please let me know if this will not work. Attachments: Three (3) Mylar Final Plats Original Platting Certificate (original signed) Property Owner Association Documents (original signed) Improvements Agreements w/ Attached Original LOC’s (original signed) as listed below:  Park and Public Landscape Improvements – Phase 1 – with Original LoC  Sidewalk Improvements – Phase 1 – with Original LOC  Roadway Striping Improvements – Phase 1 – with Original LOC  MISSING – Public Irrigation Well Improvements – Improvements Agreement Language still being reviewed by the Legal Department. Contact Kelley Rischke for details. A check instead of a LOC was received by Planning and is on file until final processing. DNRC exempt well predetermination has been received by staff. Warranty Deed & Realty Transfer Certificate Park Gran Cielo Master Covenants (original signed) Waiver of Right to Protest SID Easements (copies) as listed below:  2223367 - Sanitary Sewer & Pipeline and Access Easement and Agreement  2650296 – Agreement to Grant Public Street & Utility Easement And First Right of Refusal to Purchase  2693731 – First Amendment to The Agreement to Grant Public Street & Utility Easement (City required revisions to 2650296)  2251837 – Public Street and Utility Easement  2650295 – Agreement to Grant Public Street & Utility Easement  2654314 – Public Street and Utility Easement  2643899 – Public Street and Utility Easement  2287378 – Public Street and Utility Easement Findings of Fact cc: File 31 32 33 34 35 36