HomeMy WebLinkAbout11 24 08_Approve the Final Plat for Lot 70, Babcock Meadows #P-08014
Commission Memorandum
REPORT TO: Honorable Mayor & City Commission
FROM: Tim Cooper, Staff Attorney
Chris Kukulski, City Manager
SUBJECT: Final Plat for the Lot 70, Babcock Meadows Minor Subdivision - #P-08014
MEETING DATE: November 24, 2008
RECOMMENDATION: Upon the Director of Public Service’s review and concurrence and final staff approval,
the City Commission approves the Final Plat for the Lot 70, Babcock Meadows Minor Subdivision, and
authorizes the Director of Public Service to execute the same on behalf of the City of Bozeman.
BACKGROUND: On October 6, 2008, the City Commission granted conditional approval to this Second or
Subsequent Minor Subdivision from a Tract of Record to divide approximately 0.96 acres (41,656 square feet)
into two residential lots, legally described as Amended Plat of Lot 70, Babcock Meadows Subdivision, Phase 2A,
and Open Space, Babcock Meadows Subdivision, Phase 2B, located in the SW ¼ of Section 11, Township 2S,
Range 5E, PMM, City of Bozeman, Gallatin County, Montana. The final plat application was deemed complete
on November 19, 2008, and staff has concluded all terms and conditions of preliminary plat approval have been
met pending final staff approval.
State law provides that the governing body shall approve the plat only if:
a) The plat conforms to the conditions of approval set forth on the preliminary plat and to the terms of the
state subdivision law and regulations and the regulations adopted by the Bozeman City Commission; and
b) The County Treasurer has certified that all real property taxes and special assessments assessed and
levied on the land to subdivide have been paid.
The County Treasurer has certified that the taxes and special assessments have been paid. Attached is a
memorandum from Allyson Bristor, Associate Planner, delineating how the conditions of preliminary plat
approval have been satisfied.
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.
ALTERNATIVES: As suggested by the City Commission
CONTACT: Please email Tim Cooper at tcooper@bozeman.net if you have any questions prior to the public
hearing.
APPROVED BY: Chris Kukulski, City Manager
ATTACHED: Planning Staff Memo
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planning • zoning • subdivision review • annexation • historic preservation • housing • grant administration • neighborhood coordination
CITY OF BOZEMAN
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
Alfred M. Stiff Professional Building
20 East Olive Street
P.O. Box 1230
Bozeman, Montana 59771-1230
phone 406-582-2260
fax 406-582-2263
planning@bozeman.net
www.bozeman.net
MEMORANDUM
TO: Tim Cooper, Assistant City Attorney
FROM: Allyson C. Bristor, Associate Planner
RE: Final Plat for the Lot 70, Babcock Meadows Minor Subdivision - #P-08014
DATE: November 19, 2008
Attached, please find four signed mylars and one paper copy of the final plat, and the original platting
certificate for the above referenced application.
On October 6, 2008, the City Commission granted conditional approval to this Second or Subsequent
Minor Subdivision from a Tract of Record to divide approximately 0.96 acres (41,656 square feet) into
two residential lots, legally described as Amended Plat of Lot 70, Babcock Meadows Subdivision, Phase
2A, and Open Space, Babcock Meadows Subdivision, Phase 2B, located in the SW ¼ of Section 11,
Township 2S, Range 5E, PMM, City of Bozeman, Gallatin County, Montana.
Based on a review of the conditions of preliminary plat approval, the City Engineer and Planning
Departments find that the conditions of approval have been met. The conditions of preliminary plat
approval and an explanation of how they have been met follows:
1. Prior to final plat submittal, the property owner and representative shall obtain City Commission
approval of the transfer/exchange of the open space property owned by the City of Bozeman.
The request can be placed on the same agenda as the preliminary plat City Commission hearing,
likely as the item directly before or after the preliminary plat.
On November 10, 2008, the City Commission approved the transfer/exchange of the open
space property owned by the City of Bozeman.
2. The final plat shall comply with the standards identified and referenced in the Unified
Development Ordinance. The applicant is advised that unmet code provisions, or code
provisions that are not specifically listed as conditions of approval, does not, in any way, create a
waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state
law.
The final plat meets all code provisions outlined in the Bozeman Unified Development
Ordinance.
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3. New water and sewer services must be provided to the south lot. The services shall be installed
or financially guaranteed prior to final plat approval.
Two sets of water and sewer services have been installed into Lot 70B. Therefore, these
services will not have to be financially guaranteed.
Please prepare a City Attorney’s Certificate using the attached platting certificate and review the
Certificates of Director of Public Service and Release of Sanitary Restrictions “as to form.”
If you find this submittal acceptable, please place it as an item on the November 24, 2008 City
Commission agenda. The application was deemed complete on November 19, 2008. We have 45
working days, or until January 27, 2009, to approve the final plat.
Attachments: Four signed mylars of the final plat
One paper copy of final plat
Original platting certificate
cc: Debbie Arkell, Director of Public Service (with copy of plat and memo from Andy Kerr)
Stacy Ulmen, Clerk of Commission (with copy of plat)
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